[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.
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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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