Thalidomide Survivors Compensation Act of 2025
Summary
The Thalidomide Survivors Compensation Act of 2025 aims to establish a program to compensate individuals in the United States who suffered injuries due to exposure to thalidomide. The Act mandates the Secretary of Health and Human Services to create the Thalidomide Survivors Compensation Program within one year of enactment. This program will provide a one-time payment of $150,000 to eligible individuals who can demonstrate exposure to thalidomide and resulting injuries.
The Act also includes provisions for annual reviews of the program, potential for additional compensation based on need, and exclusion of compensation from income calculations for means-tested welfare programs. Furthermore, it amends the Internal Revenue Code to ensure that compensation received under this program is not subject to income tax.
The bill defines 'means-tested welfare program' extensively, listing numerous federal programs for which thalidomide compensation will not be considered as income or assets. The program is limited to American citizens and permanent residents who were citizens or residents at the time of exposure.
Expected Effects
The Act will provide financial compensation to thalidomide survivors in the United States, helping to offset medical costs and improve their quality of life. It will also ensure that this compensation does not negatively impact their eligibility for other means-tested welfare programs.
This will require the establishment of a new government program and the allocation of funds for compensation payments and administrative costs. The program will be administered by the Department of Health and Human Services.
Potential Benefits
- Provides direct financial assistance to thalidomide survivors.
- Excludes compensation from income calculations for means-tested welfare programs, ensuring survivors can receive assistance without penalty.
- Offers potential for additional compensation to meet ongoing medical or other needs.
- Ensures compensation is not subject to income tax, maximizing the benefit to survivors.
- Formally recognizes the needs and challenges faced by thalidomide survivors in the United States.
Potential Disadvantages
- The program is limited to American citizens and permanent residents, potentially excluding other affected individuals residing in the U.S. temporarily.
- The compensation amount may not be sufficient to cover the long-term medical and other needs of all survivors.
- The program relies on appropriations, which are subject to change and could impact the availability of funds.
- The deadline for submitting petitions (May 31, 2034) may present challenges for some individuals.
- The establishment and administration of the program will incur administrative costs.
Constitutional Alignment
The Act aligns with the Constitution's mandate to "promote the general Welfare" (Preamble) by providing assistance to a vulnerable population. It does not appear to infringe upon any specific constitutional rights. The Act's provisions for compensation and program administration fall within the powers granted to Congress under Article I, Section 8, which allows Congress to levy taxes and appropriate funds for the general welfare of the United States.
The Act's focus on providing compensation to individuals harmed by thalidomide exposure is consistent with the government's role in ensuring a basic standard of living and addressing public health concerns. The specific provisions related to means-tested welfare programs and tax exclusions are within Congress's authority to regulate interstate commerce and establish uniform laws regarding taxation.
There is no apparent violation of individual liberties or rights, as the Act aims to provide assistance rather than restrict freedoms. The program's eligibility requirements, while potentially excluding some individuals, are based on citizenship and residency, which are generally accepted criteria for government benefits.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).