Feb 26 2016

As we near the end of Black History Month, it calls for a moment of reflection. It is a time to recall what we have overcome as a nation, including dark periods in our long history. During the 20th century, a majority of state governments created eugenics programs to sterilize more than 60,000 Americans — many against their will, and some without their knowledge.

North Carolina is regarded as having run one of the most aggressive eugenics programs, which operated from 1929 to 1974 even though most states ended their programs following World War II. In total, more than 7,600 North Carolinians were sterilized, a majority of whom were African-American.

Grave mistakes were made then, and we are still working to fix those mistakes today. Former North Carolina State Rep. Larry Womble began this fight, working tirelessly to bring this travesty to light and compensate the living victims for the gross overreach by the North Carolina state government. Rep. Womble’s efforts prompted the Governor of North Carolina to formally apologize on behalf of the state in 2002, and eleven years later, North Carolina became the first state to compensate the living victims of its past eugenics program, providing a long overdue modicum of justice.

To date, 220 North Carolinians have been identified as victims and have been awarded approximately $20,000 each. Additionally, if no further living victims are identified, the remaining money in the state fund would bring their total compensation to approximately $45,000 each.

While these much-needed laws assist eugenics victims, an inadvertent consequence has arisen as victims begin to receive their compensation payments. Presently, the federal government counts the payments against one’s eligibility for federal benefits such as Medicaid, Supplemental Security Income, and Supplemental Nutrition Assistance. Instead of helping the victims and their families make ends meet, the payments could actually result in the denial of the federal benefits they are entitled to.

To help close this unintended loophole, I recently introduced legislation in the Senate along with Senators Tom Carper (D-Del.), Richard Burr (R-NC), Mark Warner (D-Va.), and Tim Kaine (D-Va.), to exclude payments from state eugenics compensation programs from consideration in determining the eligibility and amount of federal benefits. The Senate passed the bill unanimously and it is currently awaiting a vote in the House of Representatives.

No amount of money or benefits will ever return what these individuals lost, but it is hopefully a start to help right the wrongs of our past. We use Black History Month to remember these wrongs, how far we have come, and how far we have to go. I am committed and confident we will continue to move toward a more equal and brighter future for all Americans.