[Congressional Record Volume 162, Number 146 (Tuesday, September 27, 2016)]
[House]
[Pages H5949-H5950]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       TREATMENT OF CERTAIN PAYMENTS IN EUGENICS COMPENSATION ACT

  Mr. McHENRY. Mr. Speaker, I move to suspend the rules and pass the 
bill (S. 1698) to exclude payments from State eugenics compensation 
programs from consideration in determining eligibility for, or the 
amount of, Federal public benefits.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                S. 1698

       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 ``Treatment of Certain 
     Payments in Eugenics Compensation Act''.

     SEC. 2. EXCLUSION OF PAYMENTS FROM STATE EUGENICS 
                   COMPENSATION PROGRAMS FROM CONSIDERATION IN 
                   DETERMINING ELIGIBILITY FOR, OR THE AMOUNT OF, 
                   FEDERAL PUBLIC BENEFITS.

       (a) In General.--Notwithstanding any other provision of 
     law, payments made under a State eugenics compensation 
     program shall not be considered as income or resources in 
     determining eligibility for, or the amount of, any Federal 
     public benefit.
       (b) Definitions.--For purposes of this section:
       (1) Federal public benefit.--The term ``Federal public 
     benefit'' means--
       (A) any grant, contract, loan, professional license, or 
     commercial license provided by an agency of the United States 
     or by appropriated funds of the United States; and
       (B) any retirement, welfare, health, disability, public or 
     assisted housing, postsecondary education, food assistance, 
     unemployment benefit, or any other similar benefit for which 
     payments or assistance are provided to an individual, 
     household, or family eligibility unit by an agency of the 
     United States or by appropriated funds of the United States.
       (2) State eugenics compensation program.--The term ``State 
     eugenics compensation program'' means a program established 
     by State law that is intended to compensate individuals who 
     were sterilized under the authority of the State.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
North Carolina (Mr. McHenry) and the gentlewoman from New Jersey (Mrs. 
Watson Coleman) each will control 20 minutes.
  The Chair recognizes the gentleman from North Carolina.


                             General Leave

  Mr. McHENRY. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from North Carolina?
  There was no objection.
  Mr. McHENRY. Mr. Speaker, I yield myself such time as I may consume.
  I rise today in support of S. 1698, the Treatment of Certain Payments 
in Eugenics Compensation Act, introduced by my friend and colleague, 
Senator Thom Tillis of North Carolina. Senator Burr and Senator Tillis 
have been very active in getting this bill passed through the United 
States Senate.
  Mr. Speaker, S. 1698 is a bipartisan bill that will help victims of 
State government eugenics campaigns by excluding one-time, eugenics-
related, compensation payments from consideration when calculating 
Federal benefits. In essence, this would ensure that the victims of 
State-based and State-mandated eugenics programs in the early part of 
the 20th century--which over 30 States actually had--are not further 
victimized by being kicked off the social safety net, which many of 
these victims who are still alive depend on.
  Many of these victims are still alive today, as I mentioned. In North 
Carolina, at least, 220 out of the reported 7,600 victims were still 
living as of September of last year.
  My home State has worked to make amends for those that the State 
victimized. Our State legislators, now led by Senator Tillis passed--
and the Governor signed--legislation that provided large, one-time 
compensation payments to victims of eugenics programs that are still 
alive and still in our society today.
  In North Carolina, victims can receive payments from the State 
government ranging from $20- to $45,000. Our State is not alone. 
Virginia has a similar program, awarding $25,000 in compensation to 
each victim of the State's eugenics programs.
  These one-time compensation payments count as normal gross income 
under current Federal law and could have the unintended effect of 
increasing some of the victim's reported income, thereby costing them 
access to some Federal income-based benefits.
  Mr. Speaker, such an outcome is unfair. These individuals have 
suffered great pain at the hands of their State government and must not 
be further victimized by losing the important benefits they are 
receiving today.
  The takeaway is that this was a State-created problem and the State 
owed them compensation, and we should ensure that these individuals are 
able to get the benefits they need and deserve.
  Mr. Speaker, this is important legislation that is bipartisan. I am 
happy to have the support of my colleague, Representative Butterfield, 
a Democrat from North Carolina, representing eastern North Carolina as 
a cosponsor of this important bill.
  I reserve the balance of my time.
  Mrs. WATSON COLEMAN. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise today in strong support of S. 1698, the Treatment 
of Certain Payments in Eugenics Compensation Act.
  In the early 20th century, over 30 States enacted eugenics and 
compulsory sterilization laws, resulting in the involuntary 
sterilization of over 60,000 Americans. These horrendous and 
discriminatory laws targeted low-income individuals, particularly 
single mothers, African Americans, children from large families, and 
people with disabilities.
  Recently, two States with the most aggressive eugenics programs, 
Virginia and North Carolina, passed State legislation to provide 
compensation to the living victims of these programs. In 2013, North 
Carolina set aside $10 million for compensation payments; and, as of 
January 2015, the State had awarded approximately $20,000 to each of 
the 220 victims. Last year, Virginia passed a bill awarding $25,000 to 
each of its surviving eugenics victims.
  While these payments are intended to compensate individuals for past 
wrongs, they may also have the unintended effect of causing victims to 
lose eligibility for Federal benefits determined by income thresholds. 
Under current law, victims who receive eugenics compensation could be 
denied Medicaid, Supplemental Nutrition Assistance, unemployment, or 
disability benefits should the payments raise their incomes above 
program eligibility levels.
  Most eugenics victims were poor and disadvantaged in the early 20th 
century, and many remain so today. As such, they rely on these 
important Federal benefits programs to make ends meet.

                              {time}  1500

  S. 1698 would ensure that State eugenics payments are treated like 
other medical compensation payments and not included in eligibility 
determination for Federal benefits. This would guarantee that eugenics 
victims receive all benefits they rightfully deserve.
  We cannot undo the mistakes of the past, but we can do everything in 
our power to ensure that eugenics victims are not subjected to unfair 
treatment yet again. I urge my colleagues to support S. 1698.

[[Page H5950]]

  Mr. Speaker, I reserve the balance of my time.
  Mr. McHENRY. Mr. Speaker, I yield 2 minutes to the gentleman from 
North Carolina (Mr. Walker).
  Mr. WALKER. Mr. Speaker, today I rise in support of S. 1698, the 
Treatment of Certain Payments in Eugenics Compensation Act.
  I commend the leadership of my colleagues and friends from the State 
of North Carolina, Senator Tillis, Senator Burr, and Representative 
McHenry, on this important bipartisan issue.
  Today, we address a dark chapter of the early 20th century in 
America. Dozens of State governments unjustly and unconscionably 
operated eugenics programs to sterilize--by force or coercion--
individuals they deemed unfit to have children. It ruthlessly targeted 
the undereducated, the needy, the disabled, and even African Americans.
  Thankfully, this shameful practice ended many years ago, but many of 
its victims are still with us today. While no apology or amount of 
money or benefit can ever return what was lost, Virginia and our State 
of North Carolina recently began restitution payments to victims of 
this grievous injustice.
  Unfortunately, this program resulted in unintended burdens for 
eugenics victims. The restitution payments currently count as Federal 
income against eligibility for Federal benefits, such as Medicaid, and 
may result in the denial of these benefits. Counting these payments as 
Federal income when they are compensation for this horrendous injustice 
is not right.
  We are considering this important legislation today to close the 
unintended loophole and ensure the Federal Government does not 
undermine the efforts of States to provide some amount of restitution 
to those who were victims of this grave crime of eugenics.
  This bill should remind us that every life is precious. I 
wholeheartedly support this legislation and urge my colleagues to do 
the same.
  Mrs. WATSON COLEMAN. Mr. Speaker, I yield back the balance of my 
time.
  Mr. McHENRY. I yield myself such time as I may consume.
  Mr. Speaker, I would like to close with this:
  To my colleagues, I would like to thank my Democratic colleagues for 
being supportive of this bipartisan piece of legislation that 
originated in the Senate. I would like to commend Senators Burr and 
Tillis for their work in getting this important legislation through the 
United States Senate.
  The fact of the matter is we had State-based programs that victimized 
our population, and that State-based victimization should be righted 
for those who are living. That was important work of the State 
legislators in North Carolina that originated this victims' 
compensation fund in North Carolina. It is important that we do our 
part for the Federal Government to ensure that those victims are not 
further victimized by losing their important social safety net programs 
that are lifesaving for them.
  I urge my colleagues to support this legislation and urge its 
adoption.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from North Carolina (Mr. McHenry) that the House suspend the 
rules and pass the bill, S. 1698.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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