Union Calendar No. 519
119th CONGRESS 2d Session |
[Report No. 119–599]
To amend the Internal Revenue Code of 1986 to exclude from gross income any damages, other than punitive damages, received on account of any sexual acts or sexual contact.
March 25, 2025
Mr. Smucker (for himself and Ms. Moore of Wisconsin) introduced the following bill; which was referred to the Committee on Ways and Means
April 9, 2026
Additional sponsors: Mr. Meeks and Ms. Tenney
April 9, 2026
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on March 25, 2025]
To amend the Internal Revenue Code of 1986 to exclude from gross income any damages, other than punitive damages, received on account of any sexual acts or sexual contact.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SEC. 2. Exclusion from gross income of any damages, other than punitive damages, received on account of sexual acts or sexual contact.
(a) In general.—Section 104(a)(2) of the Internal Revenue Code of 1986 is amended by striking “on account of personal physical injuries or physical sickness;” and inserting“on account of—
“(B) any sexual act (as defined in paragraph (2) of section 2246 of title 18, United States Code, as in effect on the date of the enactment of this subparagraph) or sexual contact (as defined in paragraph (3) of such section, as so in effect), whether or not there are medical records or observable injuries of such act or contact;”.
(b) Burden of proof with respect to whether damages are on account of sexual act or sexual contact.—Section 104 of such Code is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following new subsection:
“(d) Burden of proof with respect to whether damages are on account of sexual act or sexual contact.—For purposes of subsection (a)(2), if a decision or agreement states that any damages received therefrom are on account of a sexual act or sexual contact referred to in subsection (a)(2)(B)—
(c) Effective date.—
(1) IN GENERAL.—The amendments made by this section shall apply to amounts received pursuant to decisions made, and agreements entered into, after the date of the enactment of this Act.
(d) No inference with respect to effect of medical records or observable injuries on determinations with respect to personal physical injuries or physical sickness.—No inference may be drawn from the amendment made by subsection (a) (or from section 104(a)(2)(B) of the Internal Revenue Code of 1986, as amended by subsection (a)) with respect to whether the term “personal physical injuries or physical sickness” as used in section 104(a)(2) of such Code includes injuries or sickness with respect to which there are no medical records or observable injuries.
(e) Promotion of public awareness of exclusion.—The Secretary of the Treasury (or the Secretary’s delegate), in consultation with the Department of Justice Office on Violence Against Women and other relevant Federal agencies, shall conduct a program to promote public awareness of the exclusion from gross income provided by section 104(a)(2)(B) of the Internal Revenue Code of 1986, as amended by this section.
Union Calendar No. 519 | |||||
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[Report No. 119–599] | |||||
A BILL | |||||
To amend the Internal Revenue Code of 1986 to exclude from gross income any damages, other than punitive damages, received on account of any sexual acts or sexual contact. | |||||
April 9, 2026 | |||||
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed |