119-hr5865

[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) .
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