79–007

106TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 106–497

FOR THE RELIEF OF NANCY B. WILSON

FEBRUARY 14, 2000.—Referred to the Private Calendar and ordered to be printed

Mr. SMITH of Texas, from the Committee on the Judiciary,

submitted the following

REPORT

[To accompany H.R. 758]

[Including cost estimate of the Congressional Budget Office]

The Committee on the Judiciary, to whom was referred the bill

(H.R. 758) for the relief of Nancy B. Wilson, having considered the

same, report favorably thereon without amendment and recommend that the bill do pass.

PURPOSE

H.R. 758 would allow Nancy Wilson to receive social security

benefits based on her deceased husband’s income. Mrs. Wilson has

been denied these benefits because she and Mr. Wilson were not

married for at least nine months prior to his death.

BACKGROUND

In 1950, Mr. Wilson had to commit his first wife to a mental institution in Massachusetts, and Massachusetts law prohibited divorce on the grounds of insanity. Five years later, he and Nancy

Wilson began living together. Mrs. Wilson stayed home and raised

three children, two of which were Mr. Wilson’s children with his

first wife. After 19 years, Mr. Wilson’s first wife died in the mental

institution and the Wilsons immediately married. However, Mr.

Wilson was already ill with multiple cancers and died 7 months

later. Mrs. Wilson did not work outside the home to any significant

degree while raising the children, and as a result, her social security benefits are minimal. Nine months of marriage is required by

the Social Security Administration to allow widow’s insurance benefits.

Had Mr. Wilson not been restricted by Massachusetts divorce

law, he clearly would have been married to Mrs. Wilson much
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longer than the 9 months required. There is precedent for private

claims bills to allow a widow benefits which have been denied because of circumstances beyond their control. And more specifically,

there is precedent giving benefits to a widow who did not meet the

9-month marriage requirement because of an untimely death when

there was clearly a long term co-habitation of the couple.

HEARINGS

The Committee’s Subcommittee on Immigration and Claims held

no hearings on H.R. 758.

COMMITTEE CONSIDERATION

On March 4, 1999, the Subcommittee on Immigration and Claims

met in open session and ordered favorably reported the bill H.R.

758, without amendment, by voice vote, a quorum being present.

On May 19, 1999, the Committee on the Judiciary met in open

session and ordered reported favorably the bill H.R. 758, without

amendment, by voice vote, a quorum being present.

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of rule XIII of the Rules of the

House of Representatives, the Committee reports that the findings

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report.

COMMITTEE ON GOVERNMENT REFORM AND OVERSIGHT FINDINGS

No findings or recommendations of the Committee on Government Reform and Oversight were received as referred to in clause

3(c)(4) of rule XIII of the Rules of the House of Representatives.

NEW BUDGET AUTHORITY AND TAX EXPENDITURES

Clause 3(c)(2) of House rule XIII is inapplicable because this legislation does not provide new budgetary authority or increased tax

expenditures.

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

In compliance with clause 3(c)(3) of rule XIII of the Rules of the

House of Representatives, the Committee sets forth, with respect to

the bill, H.R. 758, the following estimate and comparison prepared

by the Director of the Congressional Budget Office under section

402 of the Congressional Budget Act of 1974:

U.S. CONGRESS,

CONGRESSIONAL BUDGET OFFICE,

Washington, DC, May 20, 1999.

Hon. HENRY H. HYDE,

Chairman, Committee on the Judiciary,

House of Representatives, Washington, DC.

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 758, a bill for the relief

of Nancy B. Wilson.
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If you wish further details on this estimate, we will be pleased

to provide them. The CBO staff contacts are Kathy Ruffing and

John R. Righter.

Sincerely,

BARRY B. ANDERSON

(For Dan L. Crippen, Director).

Enclosure.

H.R. 758—A bill for the relief of Nancy B. Wilson

Under the Social Security Act, a marriage must last at least nine

months to qualify for a widow’s benefit. H.R. 758 would deem Mrs.

Wilson’s marriage to have lasted the minimum period. CBO estimates that the bill would increase direct spending by less than

$50,000 over the 1999–2004 period. Those outlays would not be

subject to pay-as-you-go rules because they would come from the

Old-Age and Survivors Insurance Trust Fund, which is off-budget.

The CBO staff contacts are Kathy Ruffing and John R. Righter.

This estimate was approved by Robert A. Sunshine, Deputy Assistant Director for Budget Analysis.

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House

of Representatives, the Committee finds the authority for this legislation in the First Amendment of the Constitution.

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