Page:United States Statutes at Large Volume 112 Part 4.djvu/771

 PUBLIC LAW 105-277—OCT. 21, 1998 112 STAT. 2681-742 (1) Paragraph (1) of section 9510(c) of the 1986 Code is 26 USC 9510. amended to read as follows: "(1) IN GENERAL. —Amounts in the Vaccine Injury Compensation Trust Fund shall be available, as provided in appropriation Acts, only for— "(A) the payment of compensation under subtitle 2 of title XXI of the Public Health Service Act (as in effect on August 6, 1997) for vaccine-related injury or death with respect to any vaccine— "(i) which is administered after September 30, 1988, and "(ii) which is a taxable vaccine (as defined in section 4132(a)(1)) at the time the vaccine was administered, or "(B) the payment of all expenses of administration incurred by the Federal Government in administering such subtitle.". (2) Section 9510(b) of the 1986 Code is amended by adding at the end the following new paragraph: "(3) LIMITATION ON TRANSFERS TO VACCINE INJURY COM- PENSATION TRUST FUND.— No amount may be appropriated to the Vaccine Injury Compensation Trust Fund on and after the date of any expenditure from the Trust Fund which is not permitted by this section. The determination of whether an expenditure is so permitted shall be made without regard to— "(A) any provision of law which is not contained or referenced in this title or in a revenue Act, and "(B) whether such provision of law is a subsequently enacted provision or directly or indirectly seeks to waive the application of this paragraph.", (b) EFFECTIVE DATE.—The amendments made by this section 26 USC 9510 shall take effect as if included in the provisions of the Taxpayer note. Relief Act of 1997 to which they relate. TITLE XVI—SERVICE CONNECTION FOR PERSIAN GULF Persian Gulf War WAR ILLNESSES Veterans Act of 1998. SEC.1601. SHORT TITLE. 38 USC 101 note. This title may be cited as the "Persian Gulf War Veterans Act of 1998". SEC. 1602. PRESUMPTION OF SERVICE CONNECTION FOR ILLNESSES ASSOCIATED WITH SERVICE IN THE PERSIAN GULF DUR- ING THE PERSIAN GULF WAR. (a) IN GENERAL. —(1) Subchapter II of chapter 11 of title 38, United States Code, is amended by adding at the end the following: ^§ 1118. Presumptions of service connection for illnesses associated with service in the Persian Gulf during the Persian Gulf War "(a)(1) For purposes of section 1110 of this title, and subject to section 1113 of this title, each illness, if any, described in paragraph (2) shall be considered to have been incurred in or aggravated by service referred to in that paragraph, notwithstanding that there is no record of evidence of such illness during the period of such service.

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