26 U.S.C. § 9509 — Oil Spill Liability Trust Fund

Page 4150 TITLE 26—INTERNAL REVENUE CODE § 9509 Subsec. (b)(2). Pub. L. 103–66, § 13242(d)(42)(A), inserted ‘‘and diesel fuel’’ after ‘‘gasoline’’. Subsec. (b)(3). Pub. L. 103–66, § 13242(d)(42)(B), struck out ‘‘diesel fuel and’’ before ‘‘aviation fuel’’. 1989—Subsecs. (b)(3), (c)(2)(A). Pub. L. 101–239 sub- stituted ‘‘Storage Tank Trust Fund financing’’ for ‘‘Storage Trust Fund financing’’. 1987—Subsec. (b)(3) to (5). Pub. L. 100–203, § 10502(d)(16), added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively. Subsec. (c)(2)(A). Pub. L. 100–203, § 10502(d)(17), added cl. (ii) and closing provisions, and struck out former cl. (ii) which read as follows: ‘‘credits allowed under sec- tion 34, with respect to the taxes imposed by sections 4041(d) and 4081 (to the extent attributable to the Leak- ing Underground Storage Tank Trust Fund financing rate under section 4081).’’ Statutory Notes and Related Subsidiaries TERMINATION DATE OF 2021 AMENDMENT Amendments by Pub. L. 117–44 and Pub. L. 117–52 ceased to be effective on the date of enactment of H.R. 3684 (117th Congress) (enacted as Pub. L. 117–58, ap- proved Nov. 15, 2021), with provisions for reversion of text and execution of amendments by H.R. 3684, see sec- tion 4(d) of Pub. L. 117–52, set out as a note under sec- tion 9503 of this title. EFFECTIVE AND TERMINATION DATES OF 2012 AMENDMENT Amendment by section 40101(c) of Pub. L. 112–141 ef- fective July 1, 2012, see section 40101(d) of Pub. L. 112–141, set out as a note under section 9503 of this title. Amendment by Pub. L. 112–140 to cease to be effective on July 6, 2012, with text as amended by Pub. L. 112–140 to revert back to read as it did on the day before June 29, 2012, and amendments by Pub. L. 112–141 to be exe- cuted as if Pub. L. 112–140 had not been enacted, see section 1(c) of Pub. L. 112–140, set out as a note under section 101 of Title 23, Highways. Amendment by Pub. L. 112–140 effective July 1, 2012, see section 401(d) of Pub. L. 112–140, set out as a note under section 9503 of this title. Amendment by Pub. L. 112–102 effective Apr. 1, 2012, see section 401(d) of Pub. L. 112–102, set out as a note under section 9503 of this title. EFFECTIVE DATE OF 2011 AMENDMENT Amendment by Pub. L. 112–30 effective Oct. 1, 2011, see section 141(d) of Pub. L. 112–30, set out as a note under section 9503 of this title. EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–433, § 1(c), Dec. 20, 2006, 120 Stat. 3196, pro- vided that: ‘‘The amendments made by this section [amending this section and section 6991m of Title 42, The Public Health and Welfare] shall take effect on the date of the enactment of this Act [Dec. 20, 2006].’’ Pub. L. 109–432, div. A, title II, § 210(c), Dec. 20, 2006, 120 Stat. 2947, provided that: ‘‘The amendments made by this section [amending this section and section 6991m of Title 42, The Public Health and Welfare] shall take effect on the date of the enactment of this Act [Dec. 20, 2006].’’ EFFECTIVE DATE OF 2005 AMENDMENTS Pub. L. 109–59, title XI, § 11147(b), Aug. 10, 2005, 119 Stat. 1968, provided that: ‘‘The amendment made by this section [amending this section] shall take effect on the date of the enactment of this Act [Aug. 10, 2005].’’ Amendment by Pub. L. 109–58 effective Oct. 1, 2005, see section 1362(d)(1) of Pub. L. 109–58, set out as a note under section 4041 of this title. EFFECTIVE DATE OF 2004 AMENDMENT Amendment by Pub. L. 108–357 applicable to aviation- grade kerosene removed, entered, or sold after Dec. 31, 2004, see section 853(e) of Pub. L. 108–357, set out as a note under section 4041 of this title. EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105–34 effective July 1, 1998, see section 1032(f)(1) of Pub. L. 105–34, as amended, set out as a note under section 4041 of this title. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–66 effective Jan. 1, 1994, see sections 13163(d) and 13242(e) of Pub. L. 103–66, set out as notes under section 4041 of this title. EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101–239 effective as if included in the provision of the Revenue Act of 1987, Pub. L. 100–203, title X, to which such amendment relates, see section 7823 of Pub. L. 101–239, set out as a note under section 26 of this title. EFFECTIVE DATE OF 1987 AMENDMENT Amendment by section 10502(d)(16) of Pub. L. 100–203 applicable to sales after Mar. 31, 1988, see section 10502(e) of Pub. L. 100–203, set out as a note under sec- tion 40 of this title. Amendment by section 10502(d)(17) of Pub. L. 100–203 treated as if included in the amendments made by sec- tion 521 of the Superfund Revenue Act of 1986 [Pub. L. 99–499, title V, see Effective Date of 1986 Amendment note set out under section 4041 of this title], except that reference to section 4091 of this title in subsec. (c)(2)(A) of this section not applicable to sales before Apr. 1, 1988, see section 2001(d)(1)(A) of Pub. L. 100–647, set out as a note under section 4041 of this title. EFFECTIVE DATE Pub. L. 99–499, title V, § 522(c), Oct. 17, 1986, 100 Stat. 1781, provided that: ‘‘The amendments made by this section [enacting this section] shall take effect on Jan- uary 1, 1987.’’ CONSTRUCTION OF AMENDMENT BY PUB. L. 109–433 Pub. L. 110–172, § 11(a)(46), Dec. 29, 2007, 121 Stat. 2488, provided that: ‘‘The Internal Revenue Code of 1986 shall be applied and administered as if the amendments made by section 1(a) of Public Law 109–433 [amending this section] had never been enacted.’’ § 9509. Oil Spill Liability 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 ‘‘Oil Spill Liability Trust Fund’’, consisting of such amounts as may be appropriated or cred- ited to such Trust Fund as provided in this sec- tion or section 9602(b). (b) Transfers to Trust Fund There are hereby appropriated to the Oil Spill Liability Trust Fund amounts equivalent to— (1) taxes received in the Treasury under sec- tion 4611 (relating to environmental tax on pe- troleum) to the extent attributable to the Oil Spill Liability Trust Fund financing rate under section 4611(c), (2) amounts recovered under the Oil Pollu- tion Act of 1990 for damages to natural re- sources which are required to be deposited in the Fund under section 1006(f) of such Act, (3) amounts recovered by such Trust Fund under section 1015 of such Act, (4) amounts required to be transferred by such Act from the revolving fund established under section 311(k) of the Federal Water Pol- lution Control Act, Page 4151 TITLE 26—INTERNAL REVENUE CODE § 9509 (5) amounts required to be transferred by the Oil Pollution Act of 1990 from the Deepwater Port Liability Fund established under section 18(f) of the Deepwater Port Act of 1974, (6) amounts required to be transferred by the Oil Pollution Act of 1990 from the Offshore Oil Pollution Compensation Fund established under section 302 of the Outer Continental Shelf Lands Act Amendments of 1978, (7) amounts required to be transferred by the Oil Pollution Act of 1990 from the Trans-Alas- ka Pipeline Liability Fund established under section 204 of the Trans-Alaska Pipeline Au- thorization Act, and (8) any penalty paid pursuant to section 311 of the Federal Water Pollution Control Act, section 309(c) of such Act (as a result of viola- tions of such section 311), the Deepwater Port Act of 1974, or section 207 of the Trans-Alaska Pipeline Authorization Act. (c) Expenditures (1) Expenditure purposes Amounts in the Oil Spill Liability Trust Fund shall be available, as provided in appro- priation Acts or section 6002(b) of the Oil Pol- lution Act of 1990, only for purposes of making expenditures— (A) for the payment of removal costs and other costs, expenses, claims, and damages referred to in section 1012 of such Act, (B) to carry out sections 5 and 7 of the Intervention on the High Seas Act relating to oil pollution or the substantial threat of oil pollution, (C) for the payment of liabilities incurred by the revolving fund established by section 311(k) of the Federal Water Pollution Con- trol Act, (D) to carry out subsections (b), (c), (d), (j), and (l) of section 311 of the Federal Water Pollution Control Act with respect to pre- vention, removal, and enforcement related to oil discharges (as defined in such section), (E) for the payment of liabilities incurred by the Deepwater Port Liability Fund, and (F) for the payment of liabilities incurred by the Offshore Oil Pollution Compensation Fund. (2) Limitations on expenditures (A) $1,500,000,000 per incident, etc. The maximum amount which may be paid from the Oil Spill Liability Trust Fund with respect to— (i) any single incident shall not exceed $1,500,000,000, and (ii) natural resource damage assessments and claims in connection with any single incident shall not exceed $750,000,000. (B) $30,000,000 minimum balance Except in the case of payments of removal costs, a payment may be made from such Trust Fund only if the amount in such Trust Fund after such payment will not be less than $30,000,000. (d) Authority to borrow (1) In general There are authorized to be appropriated to the Oil Spill Liability Trust Fund, as repay- able advances, such sums as may be necessary to carry out the purposes of such Trust Fund. (2) Limitation on amount outstanding The maximum aggregate amount of repay- able advances to the Oil Spill Liability Trust Fund which is outstanding at any one time shall not exceed $1,000,000,000. (3) Repayment of advances (A) In general Advances made to the Oil Spill Liability Trust Fund shall be repaid, and interest on such advances shall be paid, to the general fund of the Treasury when the Secretary de- termines that moneys are available for such purposes in such Fund. (B) Final repayment No advance shall be made to the Oil Spill Liability Trust Fund after December 31, 1994, and all advances to such Fund shall be re- paid on or before such date. (C) Rate of interest Interest on advances made pursuant to this subsection shall be— (i) at a rate determined by the Secretary of the Treasury (as of the close of the cal- endar month preceding the month in which the advance is made) to be equal to the current average market yield on out- standing marketable obligations of the United States with remaining periods to maturity comparable to the anticipated period during which the advance will be outstanding, and (ii) compounded annually. (e) Liability of the United States limited to amount in Trust Fund (1) General rule Any claim filed against the Oil Spill Liabil- ity Trust Fund may be paid only out of such Trust Fund. (2) Coordination with other provisions Nothing in the Oil Pollution Act of 1990 (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 Oil Spill Liability Trust Fund. (3) Order in which unpaid claims are to be paid If at any time the Oil Spill Liability Trust Fund has insufficient funds (or is unable by reason of subsection (c)(2)) to pay all of the claims out of such Trust Fund at such time, such claims shall, to the extent permitted under paragraph (1) and such subsection, be paid in full in the order in which they were fi- nally determined. (f) References to Oil Pollution Act of 1990 Any reference in this section to the Oil Pollu- tion Act of 1990 or any other Act referred to in a subparagraph of subsection (c)(1) shall be treated as a reference to such Act as in effect on the date of the enactment of this subsection. (Added Pub. L. 99–509, title VIII, § 8033(a), Oct. 21, 1986, 100 Stat. 1959, § 9507; renumbered § 9509, Pub. Page 4152 TITLE 26—INTERNAL REVENUE CODE § 9509 L. 99–509, title VIII, § 8033(c)(2)(B), Oct. 21, 1986, 100 Stat. 1962; amended Pub. L. 100–647, title I, § 1018(u)(20), Nov. 10, 1988, 102 Stat. 3591; Pub. L. 101–239, title VII, §§ 7505(d)(2), 7811(m)(3), Dec. 19, 1989, 103 Stat. 2364, 2412; Pub. L. 101–380, title IX, § 9001, Aug. 18, 1990, 104 Stat. 573; Pub. L. 117–263, div. K, title CXIII, § 11312, Dec. 23, 2022, 136 Stat. 4086.) Editorial Notes REFERENCES IN TEXT The Oil Pollution Act of 1990, referred to in subsecs. (b)(2), (3), (5)–(7), (c)(1), (e)(2), and (f), is Pub. L. 101–380, Aug. 18, 1990, 104 Stat. 484, which is classified prin- cipally to chapter 40 (§ 2701 et seq.) of Title 33, Naviga- tion and Navigable Waters. Sections 1006, 1012, 1015, and 6002 of the Act are classified to sections 2706, 2712, 2715, and 2752 of Title 33, respectively. For complete classi- fication of this Act to the Code, see Short Title note set out under section 2701 of Title 33 and Tables. Section 311 of the Federal Water Pollution Control Act, referred to in subsecs. (b)(4), (8) and (c)(1)(C), (D), is classified to section 1321 of Title 33. Subsec. (d) of section 311, which related to maritime disaster dis- charges, was amended generally by Pub. L. 101–380, title IV, § 4201(b), Aug. 18, 1990, 104 Stat. 525. Subsec. (k) of section 311 was repealed by Pub. L. 101–380, title II, § 2002(b)(2), Aug. 18, 1990, 104 Stat. 507. The Deepwater Port Act of 1974, referred to in subsec. (b)(5), (8), is Pub. L. 93–627, Jan. 3, 1975, 88 Stat. 2126, which is classified generally to chapter 29 (§ 1501 et seq.) of Title 33. Section 18 of the Act was classified to sec- tion 1517 of Title 33 prior to its repeal by Pub. L. 101–380, title II, § 2003(a)(2), Aug. 18, 1990, 104 Stat. 507. For complete classification of this Act to the Code, see Short Title note set out under section 1501 of Title 33 and Tables. Section 302 of the Outer Continental Shelf Lands Act Amendments of 1978, referred to in subsec. (b)(6), was classified to section 1812 of Title 43, Public Lands, prior to its repeal by Pub. L. 101–380, title II, § 2004, Aug. 18, 1990, 104 Stat. 507. Sections 204 and 207 of the Trans-Alaska Pipeline Au- thorization Act, referred to in subsec. (b)(7), (8), are classified to sections 1653 and 1656, respectively, of Title 43. Section 309(c) of the Federal Water Pollution Control Act, referred to in subsec. (b)(8), is classified to section 1319(c) of Title 33, Navigation and Navigable Waters. Sections 5 and 7 of the Intervention on the High Seas Act, referred to in subsec. (c)(1)(B), are classified to sections 1474 and 1476, respectively, of Title 33. The date of the enactment of this subsection, referred to in subsec. (f), probably means the date of enactment of Pub. L. 101–380, which was approved Aug. 18, 1990, and which amended subsec. (f) generally. AMENDMENTS 2022—Subsec. (c)(2)(A). Pub. L. 117–263 substituted ‘‘$1,500,000,000’’ for ‘‘$1,000,000,000’’ in heading and in cl. (i), and substituted ‘‘$750,000,000’’ for ‘‘$500,000,000’’ in cl. (ii). 1990—Subsec. (b)(2) to (8). Pub. L. 101–380, § 9001(a), added pars. (2) to (8) and struck out former pars. (2) to (5) which read as follows: ‘‘(2) amounts recovered, collected, or received under subtitle A of the Comprehensive Oil Pollution Liability and Compensation Act, ‘‘(3) amounts remaining (on January 1, 1990) in the Deepwater Port Liability Fund established by section 18(f) of the Deepwater Port Act of 1974, ‘‘(4) amounts remaining (on such date) in the Offshore Oil Pollution Compensation Fund established under section 302 of the Outer Continental Shelf Lands Act Amendments of 1978, and ‘‘(5) amounts credited to such trust fund under sec- tion 311(s) of the Federal Water Pollution Control Act.’’ Subsec. (c)(1). Pub. L. 101–380, § 9001(b), amended par. (1) generally, substituting ‘‘Expenditure purposes’’ for ‘‘General expenditure purposes’’ in heading and sub- stituting current text consisting of subpars. (A) to (F) for former text consisting of general provisions in sub- par. (A) and special rules in subpar. (B). Subsec. (c)(2)(A). Pub. L. 101–380, § 9001(c), substituted ‘‘$1,000,000,000’’ for ‘‘$500,000,000’’ in heading and in cl. (i), and substituted ‘‘$500,000,000’’ for ‘‘$250,000,000’’ in cl. (ii). Subsec. (c)(2)(B). Pub. L. 101–380, § 9001(e)(2), sub- stituted ‘‘payments of removal costs’’ for ‘‘payments described in paragraph (1)(A)(i)’’. Subsec. (d)(2). Pub. L. 101–380, § 9001(d)(1), substituted ‘‘$1,000,000,000’’ for ‘‘$500,000,000’’. Subsec. (d)(3)(B). Pub. L. 101–380, § 9001(d)(2), sub- stituted ‘‘December 31, 1994’’ for ‘‘December 31, 1991’’. Subsec. (e)(2). Pub. L. 101–380, § 9001(e)(1), substituted ‘‘Oil Pollution Act of 1990’’ for ‘‘Comprehensive Oil Pol- lution Liability and Compensation Act’’. Subsec. (f). Pub. L. 101–380, § 9001(e)(3), substituted ‘‘References to Oil Pollution Act of 1990’’ for ‘‘Ref- erences to Comprehensive Oil Pollution Liability and Compensation Act’’ in heading and amended text gen- erally. Prior to amendment, text read as follows: ‘‘For purposes of this section, references to the Comprehen- sive Oil Pollution Liability and Compensation Act shall be treated as references to any law enacted before December 31, 1990, which is substantially identical to subtitle E of title VI, or subtitle D of title VIII, of H.R. 5300 of the 99th Congress as passed by the House of Rep- resentatives.’’ 1989—Subsec. (b)(3). Pub. L. 101–239, § 7811(m)(3), made technical correction to directory language of Pub. L. 100–647, see 1988 Amendment note below. Pub. L. 101–239, § 7505(d)(2)(B), substituted ‘‘(on Janu- ary 1, 1990)’’ for ‘‘(on the 1st day the Oil Spill Liability Trust Fund financing rate under section 4611(c) ap- plies)’’. Subsec. (c)(1)(A). Pub. L. 101–239, § 7505(d)(2)(C), which directed amendment of subsec. (c)(1) by striking the last sentence, was executed by striking out the last sentence of subsec. (c)(1)(A), as the probable intent of Congress. Such sentence read as follows: ‘‘For purposes of this subparagraph, references to the Comprehensive Oil Pollution Liability and Compensation Act shall be treated as references to qualified authorizing legisla- tion (as defined in section 4611).’’ Subsec. (f). Pub. L. 101–239, § 7505(d)(2)(A), added sub- sec. (f). 1988—Subsec. (b)(3). Pub. L. 100–647, as amended by Pub. L. 101–239, § 7811(m)(3), substituted ‘‘Deepwater’’ for ‘‘Deep Water’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101–380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters. EFFECTIVE DATE OF 1989 AMENDMENT Amendment by section 7811(m)(3) of Pub. L. 101–239 effective, except as otherwise provided, as if included in the provision of the Technical and Miscellaneous Rev- enue Act of 1988, Pub. L. 100–647, to which such amend- ment relates, see section 7817 of Pub. L. 101–239, set out as a note under section 1 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99–514, to which such amendment relates, see section 1019(a) of Pub. L. 100–647, set out as a note under section 1 of this title. EFFECTIVE DATE Pub. L. 99–509, title VIII, § 8033(c)(1), Oct. 21, 1986, 100 Stat. 1961, provided that: ‘‘The amendments made by Page 4153 TITLE 26—INTERNAL REVENUE CODE § 9510 this section [enacting this section] shall take effect on the commencement date (as defined in section 4611 of the Internal Revenue Code of 1954 [now 1986], as amend- ed by this part).’’ [For purposes of section 8033(c) of Pub. L. 99–509, set out as notes above and below, the commencement date is Jan. 1, 1990, see section 7505(d)(1) of Pub. L. 101–239, set out as an Effective Date of 1986 Amendment note under section 4611 of this title.] REPORT ON OIL SPILL LIABILITY TRUST FUND Pub. L. 107–295, title III, § 322(a), Nov. 25, 2002, 116 Stat. 2103, provided that: ‘‘The report regarding the Oil Spill Liability Trust Fund required by the Conference Report (House Report 101–892) accompanying the De- partment of Transportation and Related Agencies Ap- propriations Act, 1991, [Pub. L. 101–516] as that require- ment was amended by section 1122 of the Federal Re- ports Elimination and Sunset Act of 1995 (Public Law 104–66) [see below], shall no longer be submitted to the Congress.’’ Pub. L. 104–66, title I, § 1122(a), Dec. 21, 1995, 109 Stat. 724, provided that: ‘‘The quarterly report regarding the Oil Spill Liability Trust Fund required to be submitted to the House and Senate Committees on Appropriations under House Report 101–892, accompanying the appro- priations for the Coast Guard in the Department of Transportation and Related Agencies Appropriations Act, 1991 [Pub. L. 101–516], shall be submitted not later than 30 days after the end of the fiscal year in which this Act is enacted and annually thereafter.’’ [House Report 101–892, 101st Congress, 2d Session, pro- vided that: ‘‘The conferees direct the Coast Guard to submit quarterly reports to the House and Senate Com- mittee on Appropriations detailing and summarizing all transfers to and expenditures from the oil spill li- ability trust fund. Each report shall account for each transfer to and expenditure from the fund as authorized by Section 9509 of the Internal Revenue Code of 1986, as amended, and Sections 5003 and 5004 of the Oil Pollu- tion Act of 1990 (Public Law 101–380) [33 U.S.C. 2733, 2734]. The report shall also show amounts collectable under Section 9509(b)(2), (3), and (8) of the Internal Rev- enue Code of 1986. For those authorized expenditures subject to limitations, the report shall so indicate. The Coast Guard shall confer with the House and Senate Committees on Appropriations as to the format for these reports.’’] DEEPWATER PORT LIABILITY FUND Pub. L. 101–380, title II, § 2003(b), Aug. 18, 1990, 104 Stat. 507, provided that: ‘‘Any amounts remaining in the Deepwater Port Liability Fund established under section 18(f) of the Deepwater Port Act of 1974 (33 U.S.C. [former] 1517(f)) shall be deposited in the Oil Spill Liability Trust Fund established under section 9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509). The Oil Spill Liability Trust Fund shall assume all liability incurred by the Deepwater Port Liability Fund.’’ OFFSHORE OIL POLLUTION COMPENSATION FUND Pub. L. 101–380, title II, § 2004, Aug. 18, 1990, 104 Stat. 507, provided that: ‘‘Title III of the Outer Continental Shelf Lands Act Amendments of 1978 (43 U.S.C. 1811–1824) is repealed. Any amounts remaining in the Offshore Oil Pollution Compensation Fund established under section 302 of that title (43 U.S.C. 1812) shall be deposited in the Oil Spill Liability Trust Fund estab- lished under section 9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509). The Oil Spill Liability Trust Fund shall assume all liability incurred by the Offshore Oil Pollution Compensation Fund.’’ DEPOSIT OF CERTAIN PENALTIES INTO OIL SPILL LIABILITY TRUST FUND Pub. L. 101–380, title IV, § 4304, Aug. 18, 1990, 104 Stat. 540, provided that: ‘‘Penalties paid pursuant to section 311 of the Federal Water Pollution Control Act [33 U.S.C. 1321], section 309(c) of that Act [33 U.S.C. 1319(c)], as a result of violations of section 311 of that Act, and the Deepwater Port Act of 1974 [33 U.S.C. 1501 et seq.], shall be deposited in the Oil Spill Liability Trust Fund created under section 9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509).’’ COORDINATION WITH SUPERFUND REAUTHORIZATION Pub. L. 99–509, title VIII, § 8033(c)(2), Oct. 21, 1986, 100 Stat. 1961, provided that: ‘‘If the Superfund Amend- ments and Reauthorization Act of 1986 [Pub. L. 99–499, see Short Title of 1986 Amendment note set out under section 9601 of Title 42, The Public Health and Welfare] is enacted— ‘‘(A) subsection (a) of this section shall be applied by substituting ‘section 9508’ for ‘section 9506’, ‘‘(B) section 9507 of the Internal Revenue Code of 1954 [now 1986], as added by this section, is hereby re- designated as section 9509 of such Code, and ‘‘(C) in lieu of the amendment made by subsection (b), the table of sections for subchapter A of chapter 98 of such Code is amended by adding after the item relating to section 9508 the following new item: ‘‘ ‘Sec. 9509. Oil Spill Liability Trust Fund.’ ’’ § 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 appro- priated or credited to such Trust Fund as pro- vided in this section or section 9602(b). (b) Transfers to Trust Fund (1) In general There are hereby appropriated to the Vac- cine Injury Compensation Trust Fund amounts equivalent to the net revenues re- ceived in the Treasury from the tax imposed by section 4131 (relating to tax on certain vac- cines). (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 Vac- cine Injury Compensation Trust Fund on and after the date of any expenditure from the Trust Fund which is not permitted by this sec- tion. The determination of whether an expend- iture is so permitted shall be made without re- gard to— (A) any provision of law which is not con- tained or referenced in this title or in a rev- enue Act, and (B) whether such provision of law is a sub- sequently 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 Compensa- tion Trust Fund shall be available, as provided in appropriation Acts, only for—