[House Report 105-269]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    105-269
_______________________________________________________________________


 
                   FOR THE RELIEF OF NANCY B. WILSON

_______________________________________________________________________


September 25, 1997.--Committed to the Committee of the Whole House and 
                         ordered to be printed

                                _______
                                

Mr. Hyde, from the Committee on the Judiciary,  submitted the following

                              R E P O R T

                        [To accompany H.R. 1313]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 1313) 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. 1313 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. 1313.

                        committee consideration

    On September 8, 1997, the Subcommittee on Immigration and 
Claims met in open session and ordered favorably reported the 
bill H.R. 1313, without amendment, by voice vote, a quorum 
being present.
    On September 9, 1997, the Committee on the Judiciary met in 
open session and ordered reported favorably the bill H.R. 1313, 
without amendment, by voice vote, a quorum being present.

                      committee oversight findings

    In compliance with clause 2(l)(3)(A) of rule XI 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 2(l)(3)(D) of rule XI of the Rules of the House of 
Representatives.

               new budget authority and tax expenditures

    Clause 2(l)(3)(B) of House Rule XI is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

               congressional budget office cost estimate

    In compliance with clause 2(l)(3)(C) of rule XI of the 
Rules of the House of Representatives, the Committee sets 
forth, with respect to the bill, H.R. 1313, the following 
estimate and comparison prepared by the Director of the 
Congressional Budget Office under section 403 of the 
Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 17, 1997.
Hon. Henry J. 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. 1313, 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 contact is Kathy Ruffing 
and John R. Righter.
            Sincerely,

                               June E. O'Neill, Director.  
    Enclosure.

H.R. 1313-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. 1313 
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 1998-2002 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 for this estimate are Kathy Ruffing 
and John R. Righter. This estimate was approved by Paul N. Van 
de Water, Assistant Director for Budget Analysis.

                   constitutional authority statement

    Pursuant to Rule XI, clause 2(l)(4) 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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