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Sec. 9511. Patient-Centered Outcomes Research Trust Fund

I.R.C. § 9511(a) Creation Of Trust Fund
There is established in the Treasury of the United States a trust fund to be known as the “Patient-Centered Outcomes Research Trust Fund” (hereafter in this section referred to as the “PCORTF”), consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section and section 9602(b).
I.R.C. § 9511(b) Transfers To Fund
I.R.C. § 9511(b)(1) Appropriation
There are hereby appropriated to the Trust Fund the following:
I.R.C. § 9511(b)(1)(A)
For fiscal year 2010, $10,000,000.
I.R.C. § 9511(b)(1)(B)
For fiscal year 2011, $50,000,000.
I.R.C. § 9511(b)(1)(C)
For fiscal year 2012, $150,000,000.
I.R.C. § 9511(b)(1)(D)
For fiscal year 2013—
I.R.C. § 9511(b)(1)(D)(i)
an amount equivalent to the net revenues received in the Treasury from the fees imposed under subchapter B of chapter 34 (relating to fees on health insurance and self-insured plans) for such fiscal year; and
I.R.C. § 9511(b)(1)(D)(ii)
$150,000,000.
I.R.C. § 9511(b)(1)(E)
For each of fiscal years 2014, 2015, 2016, 2017, 2018, and 2019—
I.R.C. § 9511(b)(1)(E)(i)
an amount equivalent to the net revenues received in the Treasury from the fees imposed under subchapter B of chapter 34 (relating to fees on health insurance and self-insured plans) for such fiscal year; and
I.R.C. § 9511(b)(1)(E)(ii)
$150,000,000.
I.R.C. § 9511(b)(1)(F)
For each of fiscal years 2020 through 2029—
I.R.C. § 9511(b)(1)(F)(i)
an amount equivalent to the net revenues received in the Treasury from the fees imposed under subchapter B of chapter 34 (relating to fees on health insurance and self-insured plans) for such fiscal year; and
I.R.C. § 9511(b)(1)(F)(ii)
the applicable amount (as defined in paragraph (4)) for the fiscal year.
The amounts appropriated under subparagraphs (A), (B), (C), (D)(ii), (E)(ii), and (F)(ii) shall be transferred from the general fund of the Treasury, from funds not otherwise appropriated.
I.R.C. § 9511(b)(2) Trust Fund Transfers
In addition to the amounts appropriated under paragraph (1), there shall be credited to the PCORTF the amounts transferred under section 1183 of the Social Security Act.
I.R.C. § 9511(b)(3) Limitation On Transfers To PCORTF
No amount may be appropriated or transferred to the PCORTF on and after the date of any expenditure from the PCORTF which is not an expenditure permitted under this section. The determination of whether an expenditure is so permitted shall be made without regard to—
I.R.C. § 9511(b)(3)(A)
any provision of law which is not contained or referenced in this chapter or in a revenue Act, and
I.R.C. § 9511(b)(3)(B)
whether such provision of law is a subsequently enacted provision or directly or indirectly seeks to waive the application of this paragraph.
I.R.C. § 9511(b)(4) Applicable Amount Defined—
In paragraph (1)(F)(ii), the term “applicable amount” means—
I.R.C. § 9511(b)(4)(A)
for fiscal year 2020, $275,500,000;
I.R.C. § 9511(b)(4)(B)
for fiscal year 2021, $285,000,000;
I.R.C. § 9511(b)(4)(C)
for fiscal year 2022, $293,500,000;
I.R.C. § 9511(b)(4)(D)
for fiscal year 2023, $311,500,000;
I.R.C. § 9511(b)(4)(E)
for fiscal year 2024, $320,000,000;
I.R.C. § 9511(b)(4)(F)
for fiscal year 2025, $338,000,000;
I.R.C. § 9511(b)(4)(G)
for fiscal year 2026, $355,500,000;
I.R.C. § 9511(b)(4)(H)
for fiscal year 2027, $363,500,000;
I.R.C. § 9511(b)(4)(I)
for fiscal year 2028, $381,000,000; and
I.R.C. § 9511(b)(4)(J)
for fiscal year 2029, $399,000,000.
I.R.C. § 9511(c) Trustee
The Secretary of the Treasury shall be a trustee of the PCORTF.
I.R.C. § 9511(d) Expenditures From Fund
I.R.C. § 9511(d)(1) Amounts Available To The Patient-Centered Outcomes Research Institute
Subject to paragraph (2), amounts in the PCORTF are available, without further appropriation, to the Patient-Centered Outcomes Research Institute established under section 1181(b) of the Social Security Act for carrying out part D of title XI of the Social Security Act (as in effect on the date of enactment of such Act).
I.R.C. § 9511(d)(2) Transfer Of Funds
I.R.C. § 9511(d)(2)(A) In General
The trustee of the PCORTF shall provide for the transfer from the PCORTF of 20 percent of the amounts appropriated or credited to the PCORTF for each of fiscal years 2011 through 2029 to the Secretary of Health and Human Services to carry out section 937 of the Public Health Service Act.
I.R.C. § 9511(d)(2)(B) Availability
Amounts transferred under subparagraph (A) shall remain available until expended.
I.R.C. § 9511(d)(2)(C) Requirements
Of the amounts transferred under subparagraph (A) with respect to a fiscal year, the Secretary of Health and Human Services shall distribute—
I.R.C. § 9511(d)(2)(C)(i)
80 percent to the Office of Communication and Knowledge Transfer of the Agency for Healthcare Research and Quality (or any other relevant office designated by Agency for Healthcare Research and Quality) to carry out the activities described in section 937 of the Public Health Service Act; and
I.R.C. § 9511(d)(2)(C)(ii)
20 percent to the Secretary to carry out the activities described in such section 937.
I.R.C. § 9511(e) Net Revenues
For purposes of this section, the term “net revenues” means the amount estimated by the Secretary of the Treasury based on the excess of—
I.R.C. § 9511(e)(1)
the fees received in the Treasury under subchapter B of chapter 34, over
I.R.C. § 9511(e)(2)
the decrease in the tax imposed by chapter 1 resulting from the fees imposed by such subchapter.
I.R.C. § 9511(f) Termination
No amounts shall be available for expenditure from the PCORTF after September 30, 2029, and any amounts in such Trust Fund after such date shall be transferred to the general fund of the Treasury.
(Added by Pub. L. 111-148, Sec. 6301(e)(1)(A), Mar. 23, 2010, 124 Stat. 119; amended by Pub. L. 116-59, Sec. 1403, Sept. 27, 2019; Pub. L. 116-69, Sec. 1403, Nov. 21, 2019; Pub. L. 116-94, Div. N, title I, Sec. 104(a), Dec. 20, 2019.)
BACKGROUND NOTES
AMENDMENTS
2019--Subsec. (b)(1)(F). Pub. L. 116-94, Div. N, Sec. 104(a)(1)(A)(i), amended par. (1) by adding subpar. (F).
Subsec. (b)(1). Pub. L. 116-94, Div. N, Sec. 104(a)(1)(A)(ii), amended par. (1) by substituting “(E)(ii), and (F)(ii)” for “and (E)(ii)” in the last sentence.
Subsec. (b)(4). Pub. L. 116-94, Div. N, Sec. 104(a)(1)(B), amended subsec. (b) by adding par. (4).
Subsec. (d)(2)(A). Pub. L. 116-94, Div. N, Sec. 104(a)(2), amended subpar. (A) by substituting “2029” for “2019”.
Subsec. (f). Pub. L. 116-94, Div. N, Sec. 104(a)(3), amended subsec. (f) by substituting “September 30, 2029” for “December 20, 2019”.
Subsec. (f). Pub. L. 116-69, Sec. 1403, amended subsec. (f) by substituting “December 20” for “November 21”.
Subsec. (f). Pub. L. 116-59, Sec. 1403, amended subsec. (f) by substituting “November 21” for “September 30”.
EFFECTIVE DATE OF 2019 AMENDMENTS
Amendment by Pub. L. 116-94, Div. N, Sec. 104(a), effective on the date of enactment of this Act [Enacted: December 20, 2019].
Amendment by Pub. L. 116-69, Sec. 1403, effective on the date of enactment of this Act [Enacted: November 21, 2019].
Amendment by Pub. L. 116-59, Sec. 1403, effective on the date of enactment of this Act [Enacted: September 27, 2019].
EFFECTIVE DATE
Effective on March 23, 2010 [Date of enactment].
PRIOR PROVISION
A prior provision was repealed by Pub. L. 105-178, Sec. 9011(a), effective June 9, 1998.