H.R. 5865

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5865 Introduced in House (IH)]

<DOC>

119th CONGRESS
1st Session
H. R. 5865

To establish the Thalidomide Survivors Compensation Program, and for 
other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

October 28, 2025

Mr. Van Drew introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Committees on Ways 
and Means, Energy and Commerce, Natural Resources, Agriculture, 
Education and Workforce, Financial Services, Transportation and 
Infrastructure, and Veterans' Affairs, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

A BILL

To establish the Thalidomide Survivors Compensation Program, 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 ``Thalidomide Survivors Compensation 
Act of 2025''.

SEC. 2. FINDINGS; PURPOSE.

(a) Findings.--The Congress finds the following:
(1) Thalidomide caused an estimated more than 10,000 birth 
defects and deaths worldwide during the 1950s and 1960s.
(2) Thalidomide exposure in utero is known to cause limb 
deformities and internal organ malformations.
(3) Although not formally approved in the United States, 
approximately 5 million thalidomide samples were distributed by 
over 1,200 physicians through informal clinical trials.
(4) The number of U.S. individuals affected remains 
undocumented, but research estimates approximately 100 
thalidomide survivors are still living in the United States.
(5) U.S. thalidomide survivors have faced decades of 
unreimbursed medical costs, limited accessibility 
accommodations, and lack of formal diagnosis recognition.
(6) 46 countries currently provide compensation or medical 
assistance to thalidomide survivors, including direct payments, 
pensions, and adaptive living support.
(b) Purpose.--The purpose of this Act is to allow our thalidomide 
survivors the ability to live the remainder of their lives with 
independence and dignity.

SEC. 3. THALIDOMIDE SURVIVORS COMPENSATION PROGRAM.

(a) Establishment of Program.--Not later than 1 year after the date 
of enactment of this Act, the Secretary of Health and Human Services 
(in this section referred to as the ``Secretary'') shall establish a 
program to be known as the Thalidomide Survivors Compensation Program 
(in this section referred to as the ``Program'') for the purpose of 
providing compensation to individuals injured by exposure to 
thalidomide.
(b) Petitions.--Subject to subsection (c), to receive compensation 
under the Program, an individual shall submit to the Secretary a 
petition at such time, in such manner, and containing such information 
as the Secretary may require, which shall include documentation from a 
physician or other health professional showing that--
(1) the individual was exposed to thalidomide; and
(2) the individual suffered injury as a result of such 
exposure.
(c) Limitations.--
(1) Deadline for petitions.--No petition may be submitted 
under the Program after May 31, 2034.
(2) 1 petition per individual.--No individual may submit 
more than 1 petition under the Program.
(3) Exclusive to american citizens, permanent residents.--
No petition may be submitted under the Program by an individual 
who--
(A) is not an American citizen or permanent 
resident at the time of such submission; or
(B) was not an American citizen or permanent 
resident at the time of the individual's exposure to 
thalidomide on which the petition is based.
(d) Compensation.--
(1) In general.--For any petition for which the expert 
panel described in paragraph (2) determines that the individual 
was exposed to thalidomide and suffered injury as a result of 
such exposure, the Secretary shall pay the individual $150,000.
(2) Expert panel.--The expert panel described in this 
paragraph is a panel of legal, medical, and thalidomide experts 
and survivors, to be appointed by the Secretary for the purpose 
of reviewing petitions under the Program.
(e) Treatment of Payments Received for Means-Tested Welfare 
Programs.--Compensation provided under this section to an individual 
may not be considered for the purpose of calculating such individual's 
income or assets under any means-tested welfare program.
(f) Authorization of Appropriations.--For the purpose of carrying 
out this section, there are authorized to be appropriated to the 
Secretary, for each of fiscal years 2028 through 2034, such sums as the 
Secretary certifies are necessary to carry out this section for each 
such fiscal year.

SEC. 4. ANNUAL REVIEW OF PROGRAM.

(a) In General.--Not later than 1 year after the establishment of 
the Thalidomide Survivors Compensation Program under section 3, and 
annually thereafter, the Secretary of Health and Human Services (in 
this section referred to as the ``Secretary'') shall conduct a 
comprehensive review of all compensation provided under the Program.
(b) Congressional Reports.--Not later than 60 days after the 
completion of each review under subsection (a), the Secretary shall 
make publicly available and submit to Congress a report, which shall 
include--
(1) an evaluation of whether the objectives of this Act are 
being met;
(2) recommendations for modifications, improvements, 
support, compensation, or expansions to better serve 
thalidomide survivors in the United States;
(3) a detailed accounting of funds appropriated and 
expended pursuant to this Act;
(4) the number of individuals receiving compensation under 
this Act;
(5) an evaluation of the adequacy of the compensation under 
the Thalidomide Survivors Compensation Program to meet the 
medical and other needs of thalidomide survivors;
(6) any recommendations for adjustments to amounts 
appropriated to carry out this Act; and
(7) a summary of the feedback and satisfaction of 
individuals receiving compensation under this Act.

SEC. 5. ADDITIONAL COMPENSATION.

(a) In General.--Subject to the availability of appropriations 
following an annual review under section 4, the Secretary of Health and 
Human Services may pay to individuals who received compensation under 
the Thalidomide Survivors Compensation Program established under 
section 3 such additional compensation, as the Secretary determines 
appropriate, to meet the ongoing medical or other needs of such 
individuals.
(b) Treatment of Payments Received for Means-Tested Welfare 
Programs.--Compensation provided under this section to an individual 
may not be considered for the purpose of calculating such individual's 
income or assets under any means-tested welfare program.

SEC. 6. COMPENSATION UNDER THALIDOMIDE SURVIVORS COMPENSATION PROGRAM 
EXCLUDABLE FROM INCOME TAX.

(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:

``SEC. 139M. COMPENSATION UNDER THE THALIDOMIDE SURVIVORS COMPENSATION 
PROGRAM.

``Gross income shall not include compensation received by an 
individual under the Thalidomide Survivors Compensation Act of 2025.''.
(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. Compensation under the Thalidomide Survivors Compensation 
Program.''.
(c) Effective Date.--The amendments made by this section shall 
apply to amounts received after the date of enactment of this Act, in 
taxable years ending after such date.

SEC. 7. DEFINITION OF MEANS-TESTED WELFARE PROGRAM.

(a) Means-Tested Welfare Program.--In this Act, the term ``means-
tested welfare program''--
(1) means any Federal program that is designed to 
specifically provide assistance or benefits exclusively to low-
income Americans; and
(2) includes community and economic development programs 
targeted to low-income communities or populations.
(b) Programs Included.--For purposes of subsection (a), the 
following Federal programs shall be considered means-tested welfare 
programs:
(1) Cash and general assistance.--
(A) The Supplemental Security Income program under 
title XVI of the Social Security Act.
(B) The earned income tax credit determined under 
section 32 of the Internal Revenue Code of 1986.
(C) The refundable portion of the child tax credit 
determined under section 24 of the Internal Revenue 
Code of 1986.
(D) The program of block grants to States for 
temporary assistance for needy families under part A of 
title IV of the Social Security Act.
(E) The foster care and adoption assistance program 
under part E of title IV of the Social Security Act.
(F) General Assistance to Indians.
(G) The programs operated under the Assets for 
Independence Act.
(2) Medical.--
(A) The Medicare program under title XVIII of the 
Social Security Act (42 U.S.C. 1395 et seq.).
(B) The Medicaid program under title XIX of the 
Social Security Act.
(C) The State Children's Health Insurance Program 
under title XXI of the Social Security Act.
(D) Health programs operated by the Indian Health 
Service, Indian tribes, tribal organizations, and Urban 
Indian organizations (as those terms are defined in 
section 4 of the Indian Health Care Improvement Act (25 
U.S.C. 1603)).
(E) The health center programs under section 330 of 
the Public Health Service Act (42 U.S.C. 254b).
(F) The Maternal and Child Health Services Block 
Grant program under title V of the Social Security Act 
(42 U.S.C. 701 et seq.).
(G) The Healthy Start Initiative under section 330H 
of the Public Health Service Act (42 U.S.C. 254c-8).
(H) Premium tax credits and cost sharing reductions 
available pursuant to the Patient Protection and 
Affordable Health Care Act (PPACA) and the amendments 
made by such Act.
(3) Food.--
(A) The supplemental nutrition assistance program 
under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 
et seq.).
(B) The school lunch program under the Richard B. 
Russell National School Lunch Act (42 U.S.C. 1751 et 
seq.).
(C) The special supplemental nutrition program for 
women, infants, and children under section 17 of the 
Child Nutrition Act (42 U.S.C. 1786).
(D) The school breakfast program under section 4 of 
the Child Nutrition Act of 1966 (42 U.S.C. 1773).
(E) The child and adult care food program under 
section 17 of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1766).
(F) The nutrition services programs under the Older 
Americans Act of 1965 (42 U.S.C. 3001 et seq.).
(G) The summer food service program for children 
under section 13 of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1761).
(H) The commodity supplemental food program under 
section 4 of the Agriculture and Consumer Protection 
Act of 1973 (7 U.S.C. 612c note).
(I) Commodity distribution programs under the 
Emergency Food Assistance Act of 1983 (7 U.S.C. 7501 et 
seq.).
(J) The seniors farmers' market nutrition program 
under section 3007 of Public Law 107-171 (7 U.S.C. 
3007).
(K) The special milk program established under 
section 3 of the Child Nutrition Act of 1966 (42 U.S.C. 
1772).
(4) Housing.--
(A) The rental assistance program under section 8 
of the United States Housing Act of 1937 (42 U.S.C. 
1437f).
(B) The public housing program under title I of the 
United States Housing Act of 1937 (42 U.S.C. 1437 et 
seq.).
(C) The Home Investment Partnerships Program under 
title II of the Cranston-Gonzalez National Affordable 
Housing Act (42 U.S.C. 12721 et seq.).
(D) The programs for homeless assistance under 
title IV of the McKinney-Vento Homeless Assistance Act 
(42 U.S.C. 11360 et seq.).
(E) The rural housing programs under title V of the 
Housing Act of 1949 (42 U.S.C. 1471 et seq.).
(F) The program for supportive housing for elderly 
persons under section 202 of the Housing Act of 1959 
(12 U.S.C. 1701q).
(G) The program for Native American housing block 
grants under the Native American Housing Assistance and 
Self-Determination Act of 1996 (25 U.S.C. 4101 et 
seq.).
(H) The program for supportive housing for persons 
with disabilities under section 811 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 
8013).
(5) Energy and utilities.--
(A) Low-income home energy assistance under the 
Low-Income Home Energy Assistance Act of 1981 (42 
U.S.C. 8621 et seq.).
(B) The Lifeline Assistance Program of the Federal 
Communications Commission and the Tribal Link Up 
assistance program defined in section 54.413 of title 
47, Code of Federal Regulations.
(C) Weatherization assistance for low-income 
persons under part A of title IV of the Energy 
Conservation and Production Act (42 U.S.C. 6861 et 
seq.).
(6) Education.--
(A) Federal Pell Grants under subpart 1 of part IV 
of the Higher Education Act of 1965 (20 U.S.C. 1070a et 
seq.).
(B) Grants for improving basic programs operated by 
local educational agencies under part A of title I of 
the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6311 et seq.).
(C) Federal TRIO programs under chapter 1 of 
subpart 2 of title IV of the Higher Education Act of 
1965 (20 U.S.C. 1070a-11 et seq.).
(D) Federal supplemental educational opportunity 
grants under subpart 3 of part A of title IV the Higher 
Education Act of 1965 (20 U.S.C. 1070b et seq.).
(E) Programs for the education of migratory 
children under part C of title 1 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6391 et 
seq.).
(F) Gaining early awareness and readiness for 
undergraduate programs under chapter 2 of subpart 2 of 
part A of title IV of the Higher Education Act of 1965 
(20 U.S.C. 1070a-21 et seq.).
(G) The education for homeless children and youth 
program under subtitle B of title VII of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11431 et 
seq.).
(H) The leveraging educational assistance 
partnership program of subpart 4 of part A of title IV 
the Higher Education Act of 1965 (20 U.S.C. 1070c et 
seq.).
(7) Training.--
(A) Job Corps under subtitle C of title I of the 
Workforce Innovation and Opportunity Act (29 U.S.C. 
3191 et seq.).
(B) Adult employment and training activities under 
title I of the Workforce Innovation and Opportunity Act 
(20 U.S.C. 3101 et seq.).
(C) Senior community service employment programs 
under title V of the Older Americans Act of 1965 (42 
U.S.C. 3056 et seq.).
(D) Employment and training programs under the Food 
and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
(E) Migrant and seasonal farmworker programs under 
section 167 of the Workforce Innovation and Opportunity 
Act (29 U.S.C. 3222).
(F) The YouthBuild Program under section 171 of the 
Workforce Innovation and Opportunity Act (29 U.S.C. 
3226).
(G) Native American Programs under section 166 of 
the Workforce Innovation and Opportunity Act (29 U.S.C. 
3221).
(8) Services.--
(A) The Social Services Block Grant program under 
title XX of the Social Security Act.
(B) Programs under the Community Services Block 
Grant Act of 1981 (42 U.S.C. 9901 et seq.).
(C) Services for aliens admitted to the United 
States as refugees or granted asylum in the United 
States, and other special populations of aliens.
(D) State and community programs on aging that 
receive Federal funds.
(E) Legal Services Corporation.
(F) Family planning services under title X of the 
Public Health Service Act (42 U.S.C. 300 et seq.).
(G) The Emergency Food and Shelter Program for 
homeless persons under title III of the McKinney-Vento 
Homeless Assistance Act (42 U.S.C. 11331 et seq.).
(H) The AmeriCorps VISTA program under subtitle C 
of title I of the National and Community Service Act of 
1990 (42 U.S.C. 12571 et seq.).
(9) Child care and child development.--
(A) Head Start programs and Early Head Start 
programs under the Head Start Act (42 U.S.C. 9831 et 
seq.).
(B) Programs under the Child Care and Development 
Block Grant Act of 1990 (42 U.S.C. 9858 et seq.).
(10) Community development.--
(A) The Community Development Block Grant Program 
under title I of the Housing and Community Development 
Act of 1974 (42 U.S.C. 5301 et seq.).
(B) Programs administered by the Economic 
Development Administration under the Public Works and 
Economic Development Act of 1965 (42 U.S.C. 3121 et 
seq.).
(C) Programs administered by the Appalachian 
Regional Commission under subtitle IV of title 40, 
United States Code.
(D) Empowerment zones and enterprise communities 
under subchapter U, and renewal communities under 
subchapter X, of the Internal Revenue Code of 1986.
(11) Veterans programs.--A program designed exclusively or 
primarily to provide to an individual benefits under title 38, 
United States Code, or other provisions of law administered by 
the Secretary of Veterans Affairs.
(12) Unemployment compensation programs.--A program that 
provides for the receipt of ``regular compensation'', 
``extended compensation'', or ``additional compensation'' (as 
such terms are defined by section 205 of the Federal-State 
Extended Unemployment Compensation Act (26 U.S.C. 3304 note)).
(13) Social security.--The Old-Age, Survivors, and 
Disability Insurance Benefit program under title II of the 
Social Security Act (42 U.S.C. 401 et seq.).
(c) Special Rules.--
(1)(A) For purposes of subsection (a), only the refundable 
portion of the following tax credits shall be considered means-
tested welfare programs:
(i) The earned income tax credit under section 32 
of the Internal Revenue Code of 1986.
(ii) The child tax credit under section 24(d) of 
the Internal Revenue Code of 1986.
(B) For purposes of subsection (a), only the refundable 
portion of the premium and out-of-pocket health care subsidies 
to be paid under the Patient Protection and Affordable Health 
Care Act shall be considered a means-tested welfare program.
(C) For purposes of this paragraph, the term ``refundable 
portion'' means the portion of the credit which is paid to an 
individual in excess of the amount of Federal income tax owed 
by the individual.
(2) For purposes of subsection (a), only the costs of the 
free and reduced price segments of the school lunch and school 
breakfast programs shall be considered means-tested welfare 
programs.
(d) Exclusion of Certain State and Local Expenditures.--For 
purposes of subsection (a), expenditures by State and local governments 
of funds that are--
(1) obtained by the State and local government from taxes, 
fees, or other sources of revenue established by the State or 
local government; and
(2) not received as any form of grant from the Federal 
Government,
shall not be considered means-tested welfare programs, without regard 
to whether the State and local expenditures take the form of 
contributions to a Federal program described in subsection (a) or 
listed in subsection (b).
<all>