Introduced in Senate — S. 5127

119th CONGRESS

2d Session

S. 5127

IN THE SENATE OF THE UNITED STATES

July 23, 2026

Mr. Banks (for himself and Ms. Cortez Masto) introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL

To amend the Internal Revenue Code of 1986 to exclude from gross income certain compensation to clinical trial participants, and for other purposes.

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

Section 1. Short title

This Act may be cited as the Harley Jacobsen Clinical Trial Participant Income Exemption Act of 2026.

Sec. 2. Exclusion of compensation provided to participants in clinical trials

(a) In general

Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139L the following new section:

139M. Clinical trial payments
(a) In general
Gross income shall not include any amount received by an individual as a qualified clinical trial payment.
(b) Qualified clinical trial payment defined
For purposes of this section, the term qualified clinical trial payment means any amount paid to an individual—
(1)
as compensation for participation by the individual or a dependent of the individual in an approved clinical trial, or
(2)
to reimburse or pay reasonable and necessary expenses incurred in connection with participation by the individual or a dependent of the individual in an approved clinical trial.
(c) Other definitions
For purposes of this section—
(1) Approved clinical trial
The term approved clinical trial has the meaning given such term in section 2709(d)(1) of the Public Health Service Act (42 U.S.C. 300gg–8(d)(1)), determined by substituting disease or condition for life-threatening disease or condition.
(2) Dependent
The term dependent has the meaning given such term in section 152.

(b) Clerical amendment

The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139L the following new item:

Sec. 139M. Clinical trial payments.

(c) Effective date

The amendments made by this section shall apply to amounts paid after December 31, 2025.

Sec. 3. Clinical trial compensation not taken into account for purposes of determining eligibility for Federal programs or assistance

(a) In general

Notwithstanding any other provision of law, any amount received by an individual as a qualified clinical trial payment shall not be taken into account as income or resources for purposes of determining the eligibility of such individual (or any other individual) for benefits or assistance (or the amount or extent of benefits or assistance) under any Federal program or under any State or local program financed in whole or in part with Federal funds.

(b) Qualified clinical trial payment

For purposes of subsection (a), the term qualified clinical trial payment has the meaning given such term in section 139M(b) of the Internal Revenue Code of 1986 (as added by section 2 of this Act).