[House Report 106-497]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-497
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FOR THE RELIEF OF NANCY B. WILSON
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February 14, 2000.--Referred to the Private Calendar and ordered to be
printed
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Mr. Smith of Texas, from the Committee on the Judiciary, submitted the
following
R E P O R T
[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
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.
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.