,i #aaith ,,congress #ast ,session ,h4 ,r4 #ehfe ,,in ,,the ,,house ,,of ,,representatives ,october #bh1 #bjbe,mr4 ,van ,drew introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committees on ,ways and ,means1 ,energy and ,commerce1 ,natural ,resources1 ,agriculture1 ,education and ,workforce1 ,financial ,services1 ,transportation and ,infrastructure1 and ,veterans' ,affairs1 for a period to be subsequently determined by the ,speaker1 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 ,program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,thalidomide ,survivors ,compensation ,act of #bjbe4 #b4 ,findings2 purpose 7a7 ,findings ,the ,congress finds the following3 7#a7 ,thalidomide caused an estimated more than #aj1jjj birth defects and deaths worldwide during the #aiejs and #aifjs4 7#b7 ,thalidomide exposure in utero is known to cause limb deformities and internal organ malformations4 7#c7 ,although not formally approved in the ,united ,states1 approximately #e million thalidomide samples were distributed by over #a1bjj physicians through informal clinical trials4 7#d7 ,the number of ,u4,s4 individuals affected remains undocumented1 but research estimates approximately #ajj thalidomide survivors are still living in the ,united ,states4 7#e7 ,u4,s4 thalidomide survivors have faced decades of unreimbursed medical costs1 limited accessibility accommodations1 and lack of formal diagnosis recognition4 7#f7 #df countries currently provide compensation or medical assistance to thalidomide survivors1 including direct payments1 pensions1 and adaptive living support4 7b7 ,purpose ,the purpose of this ,act is to allow our thalidomide survivors the ability to live the remainder of their lives with independence and dignity4 #c4 ,thalidomide ,survivors ,compensation ,program 7a7 ,establishment of ,program ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services 7in this section referred to as the ,secretary7 shall establish a program to be known as the ,thalidomide ,survivors ,compensation ,program 7in this section referred to as the ,program7 for the purpose of providing compensation to individuals injured by exposure to thalidomide4 7b7 ,petitions ,subject to subsection 7c71 to receive compensation under the ,program1 an individual shall submit to the ,secretary a petition at such time1 in such manner1 and containing such information as the ,secretary may require1 which shall include documentation from a physician or other health professional showing that-- 7#a7 the individual was exposed to thalidomide2 and 7#b7 the individual suffered injury as a result of such exposure4 7c7 ,limitations 7#a7 ,deadline for petitions ,no petition may be submitted under the ,program after ,may #ca1 #bjcd4 7#b7 #a petition per individual ,no individual may submit more than #a petition under the ,program4 7#c7 ,exclusive to ,american citizens1 permanent residents ,no petition may be submitted under the ,program by an individual who-- 7,a7 is not an ,american citizen or permanent resident at the time of such submission2 or 7,b7 was not an ,american citizen or permanent resident at the time of the individual's exposure to thalidomide on which the petition is based4 7d7 ,compensation 7#a7 ,in general ,for any petition for which the expert panel described in paragraph 7#b7 determines that the individual was exposed to thalidomide and suffered injury as a result of such exposure1 the ,secretary shall pay the individual #aej1jjj4 7#b7 ,expert panel ,the expert panel described in this paragraph is a panel of legal1 medical1 and thalidomide experts and survivors1 to be appointed by the ,secretary for the purpose of reviewing petitions under the ,program4 7e7 ,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 program4 7f7 ,authorization of appropriations ,for the purpose of carrying out this section1 there are authorized to be appropriated to the ,secretary1 for each of fiscal years #bjbh through #bjcd1 such sums as the ,secretary certifies are necessary to carry out this section for each such fiscal year4 #d4 ,annual review of ,program 7a7 ,in general ,not later than #a year after the establishment of the ,thalidomide ,survivors ,compensation ,program under section #c1 and annually thereafter1 the ,secretary of ,health and ,human ,services 7in this section referred to as the ,secretary7 shall conduct a comprehensive review of all compensation provided under the ,program4 7b7 ,congressional reports ,not later than #fj days after the completion of each review under subsection 7a71 the ,secretary shall make publicly available and submit to ,congress a report1 which shall include-- 7#a7 an evaluation of whether the objectives of this ,act are being met2 7#b7 recommendations for modifications1 improvements1 support1 compensation1 or expansions to better serve thalidomide survivors in the ,united ,states2 7#c7 a detailed accounting of funds appropriated and expended pursuant to this ,act2 7#d7 the number of individuals receiving compensation under this ,act2 7#e7 an evaluation of the adequacy of the compensation under the ,thalidomide ,survivors ,compensation ,program to meet the medical and other needs of thalidomide survivors2 7#f7 any recommendations for adjustments to amounts appropriated to carry out this ,act2 and 7#g7 a summary of the feedback and satisfaction of individuals receiving compensation under this ,act4 #e4 ,additional compensation 7a7 ,in general ,subject to the availability of appropriations following an annual review under section #d1 the ,secretary of ,health and ,human ,services may pay to individuals who received compensation under the ,thalidomide ,survivors ,compensation ,program established under section #c such additional compensation1 as the ,secretary determines appropriate1 to meet the ongoing medical or other needs of such individuals4 7b7 ,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 program4 #f4 ,compensation under ,thalidomide ,survivors ,compensation ,program excludable from income tax 7a7 ,in general ,part ,,iii of subchapter ,b of chapter #a of the ,internal ,revenue ,code of #aihf is amended by inserting after section #aci,l the following new section3 #aci,m4 ,compensation under the ,thalidomide ,survivors ,compensation ,program ,gross income shall not include compensation received by an individual under the ,thalidomide ,survivors ,compensation ,act of #bjbe4 4 7b7 ,clerical amendment ,the table of sections for part ,,iii of subchapter ,b of chapter #a of such ,code is amended by inserting after the item relating to section #aci,l the following new item3 ,sec4 #aci,m4 ,compensation under the ,thalidomide ,survivors ,compensation ,program4 4 7c7 ,effective date ,the amendments made by this section shall apply to amounts received after the date of enactment of this ,act1 in taxable years ending after such date4 #g4 ,definition of means-tested welfare program 7a7 ,means-,tested welfare program ,in this ,act1 the term means-tested welfare program-- 7#a7 means any ,federal program that is designed to specifically provide assistance or benefits exclusively to low-income ,americans2 and 7#b7 includes community and economic development programs targeted to low-income communities or populations4 7b7 ,programs included ,for purposes of subsection 7a71 the following ,federal programs shall be considered means-tested welfare programs3 7#a7 ,cash and general assistance 7,a7 ,the ,supplemental ,security ,income program under title ,,xvi of the ,social ,security ,act4 7,b7 ,the earned income tax credit determined under section #cb of the ,internal ,revenue ,code of #aihf4 7,c7 ,the refundable portion of the child tax credit determined under section #bd of the ,internal ,revenue ,code of #aihf4 7,d7 ,the program of block grants to ,states for temporary assistance for needy families under part ,a of title ,,iv of the ,social ,security ,act4 7,e7 ,the foster care and adoption assistance program under part ,e of title ,,iv of the ,social ,security ,act4 7,f7 ,general ,assistance to ,indians4 7,g7 ,the programs operated under the ,assets for ,independence ,act4 7#b7 ,medical 7,a7 ,the ,medicare program under title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie et seq474 7,b7 ,the ,medicaid program under title ,,xix of the ,social ,security ,act4 7,c7 ,the ,state ,children's ,health ,insurance ,program under title ,,xxi of the ,social ,security ,act4 7,d7 ,health programs operated by the ,indian ,health ,service1 ,indian tribes1 tribal organizations1 and ,urban ,indian organizations 7as those terms are defined in section #d of the ,indian ,health ,care ,improvement ,act 7#be ,u4,s4,c4 #afjc774 7,e7 ,the health center programs under section #ccj of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;b74 7,f7 ,the ,maternal and ,child ,health ,services ,block ,grant program under title ,v of the ,social ,security ,act 7#db ,u4,s4,c4 #gja et seq474 7,g7 ,the ,healthy ,start ,initiative under section #ccj;,h of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;c-#h74 7,h7 ,premium tax credits and cost sharing reductions available pursuant to the ,patient ,protection and ,affordable ,health ,care ,act 7,,ppaca7 and the amendments made by such ,act4 7#c7 ,food 7,a7 ,the supplemental nutrition assistance program under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq474 7,b7 ,the school lunch program under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq474 7,c7 ,the special supplemental nutrition program for women1 infants1 and children under section #ag of the ,child ,nutrition ,act 7#db ,u4,s4,c4 #aghf74 7,d7 ,the school breakfast program under section #d of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aggc74 7,e7 ,the child and adult care food program under section #ag of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agff74 7,f7 ,the nutrition services programs under the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjja et seq474 7,g7 ,the summer food service program for children under section #ac of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfa74 7,h7 ,the commodity supplemental food program under section #d of the ,agriculture and ,consumer ,protection ,act of #aigc 7#g ,u4,s4,c4 #fab;c note74 7,i7 ,commodity distribution programs under the ,emergency ,food ,assistance ,act of #aihc 7#g ,u4,s4,c4 #geja et seq474 7,j7 ,the seniors farmers' market nutrition program under section #cjjg of ,public ,law #ajg-aga 7#g ,u4,s4,c4 #cjjg74 7,k7 ,the special milk program established under section #c of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aggb74 7#d7 ,housing 7,a7 ,the rental assistance program under section #h of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f74 7,b7 ,the public housing program under title ,i of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg et seq474 7,c7 ,the ,home ,investment ,partnerships ,program under title ,,ii of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #abgba et seq474 7,d7 ,the programs for homeless assistance under title ,,iv of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacfj et seq474 7,e7 ,the rural housing programs under title ,v of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adga et seq474 7,f7 ,the program for supportive housing for elderly persons under section #bjb of the ,housing ,act of #aiei 7#ab ,u4,s4,c4 #agjaq74 7,g7 ,the program for ,native ,american housing block grants under the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #daja et seq474 7,h7 ,the program for supportive housing for persons with disabilities under section #haa of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #hjac74 7#e7 ,energy and utilities 7,a7 ,low-income home energy assistance under the ,low-,income ,home ,energy ,assistance ,act of #aiha 7#db ,u4,s4,c4 #hfba et seq474 7,b7 ,the ,lifeline ,assistance ,program of the ,federal ,communications ,commission and the ,tribal ,link ,up assistance program defined in section #ed4dac of title #dg1 ,code of ,federal ,regulations4 7,c7 ,weatherization assistance for low-income persons under part ,a of title ,,iv of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfa et seq474 7#f7 ,education 7,a7 ,federal ,pell ,grants under subpart #a of part ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a et seq474 7,b7 ,grants for improving basic programs operated by local educational agencies under part ,a of title ,i of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcaa et seq474 7,c7 ,federal ,,trio programs under chapter #a of subpart #b of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a-#aa et seq474 7,d7 ,federal supplemental educational opportunity grants under subpart #c of part ,a of title ,,iv the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;b et seq474 7,e7 ,programs for the education of migratory children under part ,c of title #a of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcia et seq474 7,f7 ,gaining early awareness and readiness for undergraduate programs under chapter #b of subpart #b of part ,a of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a-#ba et seq474 7,g7 ,the education for homeless children and youth program under subtitle ,b of title ,,vii of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadca et seq474 7,h7 ,the leveraging educational assistance partnership program of subpart #d of part ,a of title ,,iv the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;c et seq474 7#g7 ,training 7,a7 ,job ,corps under subtitle ,c of title ,i of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caia et seq474 7,b7 ,adult employment and training activities under title ,i of the ,workforce ,innovation and ,opportunity ,act 7#bj ,u4,s4,c4 #caja et seq474 7,c7 ,senior community service employment programs under title ,v of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjef et seq474 7,d7 ,employment and training programs under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq474 7,e7 ,migrant and seasonal farmworker programs under section #afg of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbbb74 7,f7 ,the ,youth,build ,program under section #aga of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbbf74 7,g7 ,native ,american ,programs under section #aff of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbba74 7#h7 ,services 7,a7 ,the ,social ,services ,block ,grant program under title ,,xx of the ,social ,security ,act4 7,b7 ,programs under the ,community ,services ,block ,grant ,act of #aiha 7#db ,u4,s4,c4 #iija et seq474 7,c7 ,services for aliens admitted to the ,united ,states as refugees or granted asylum in the ,united ,states1 and other special populations of aliens4 7,d7 ,state and community programs on aging that receive ,federal funds4 7,e7 ,legal ,services ,corporation4 7,f7 ,family planning services under title ,x of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj et seq474 7,g7 ,the ,emergency ,food and ,shelter ,program for homeless persons under title ,,iii of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacca et seq474 7,h7 ,the ,ameri,corps ,,vista program under subtitle ,c of title ,i of the ,national and ,community ,service ,act of #aiij 7#db ,u4,s4,c4 #abega et seq474 7#i7 ,child care and child development 7,a7 ,head ,start programs and ,early ,head ,start programs under the ,head ,start ,act 7#db ,u4,s4,c4 #ihca et seq474 7,b7 ,programs under the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh et seq474 7#aj7 ,community development 7,a7 ,the ,community ,development ,block ,grant ,program under title ,i of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecja et seq474 7,b7 ,programs administered by the ,economic ,development ,administration under the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #caba et seq474 7,c7 ,programs administered by the ,appalachian ,regional ,commission under subtitle ,,iv of title #dj1 ,united ,states ,code4 7,d7 ,empowerment zones and enterprise communities under subchapter ,u1 and renewal communities under subchapter ,x1 of the ,internal ,revenue ,code of #aihf4 7#aa7 ,veterans programs ,a program designed exclusively or primarily to provide to an individual benefits under title #ch1 ,united ,states ,code1 or other provisions of law administered by the ,secretary of ,veterans ,affairs4 7#ab7 ,unemployment compensation programs ,a program that provides for the receipt of regular compensation1 extended compensation1 or additional compensation 7as such terms are defined by section #bje of the ,federal-,state ,extended ,unemployment ,compensation ,act 7#bf ,u4,s4,c4 #ccjd note774 7#ac7 ,social security ,the ,old-,age1 ,survivors1 and ,disability ,insurance ,benefit program under title ,,ii of the ,social ,security ,act 7#db ,u4,s4,c4 #dja et seq474 7c7 ,special rules 7#a7 7,a7 ,for purposes of subsection 7a71 only the refundable portion of the following tax credits shall be considered means-tested welfare programs3 7i7 ,the earned income tax credit under section #cb of the ,internal ,revenue ,code of #aihf4 7ii7 ,the child tax credit under section #bd7;d7 of the ,internal ,revenue ,code of #aihf4 7,b7 ,for purposes of subsection 7a71 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 program4 7,c7 ,for purposes of this paragraph1 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 individual4 7#b7 ,for purposes of subsection 7a71 only the costs of the free and reduced price segments of the school lunch and school breakfast programs shall be considered means-tested welfare programs4 7d7 ,exclusion of certain ,state and local expenditures ,for purposes of subsection 7a71 expenditures by ,state and local governments of funds that are-- 7#a7 obtained by the ,state and local government from taxes1 fees1 or other sources of revenue established by the ,state or local government2 and 7#b7 not received as any form of grant from the ,federal ,government1 shall not be considered means-tested welfare programs1 without regard to whether the ,state and local expenditures take the form of contributions to a ,federal program described in subsection 7a7 or listed in subsection 7b74