[House Report 107-44]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     107-44

======================================================================



 
                   FOR THE RELIEF OF NANCY B. WILSON

                                _______
                                

  April 20, 2001.--Referred to the Private Calendar and ordered to be 
                                printed

                                _______
                                

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

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 392]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 392) for the relief of Nancy B. Wilson, having 
considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for the Legislation..........................     2
Hearings.........................................................     2
Committee Consideration..........................................     2
Committee Oversight Findings.....................................     2
Performance Goals and Objectives.................................     2
New Budget Authority and Tax Expenditures........................     3
Congressional Budget Office Cost Estimate........................     3
Constitutional Authority Statement...............................     3
Markup Transcript................................................     4
Dissenting Views.................................................     9

                          Purpose and Summary

    H.R. 392 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 9 months prior to his 
death.

                Background and Need for the Legislation

    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. 392.

                        Committee Consideration

    On March 14, 2001, the Subcommittee on Immigration and 
Claims met in open session and ordered favorably reported the 
bill H.R. 392, without amendment, by voice vote, a quorum being 
present.
    On March 28, 2001, the Committee on the Judiciary met in 
open session and ordered reported favorably the bill H.R. 392, 
without amendment, by voice vote, a quorum being present.

                      Committee Oversight Findings

    In compliance with clause 3(c)(l) 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.

                    Performance Goals and Objectives

    The objective of H.R. 392 is to provide Mrs. Nancy B. 
Wilson with Social Security benefits that she is not otherwise 
entitled to because of an anomaly created by the effect 
Massachusetts divorce law has on the operation of the social 
security system regardiing qualifying widows.

               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. 392, 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, March 29, 2001.
Hon. F. James Sensenbrenner, Jr., 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. 392, 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, who can be reached at 226-2820, and John R. Righter, 
who can be reached at 226-2860.
            Sincerely,
                                  Dan L. Crippen, Director.

Enclosure

cc:
        Honorable John Conyers Jr.
        Ranking Member
H.R. 392--A bill for the relief of Nancy B. Wilson.
    Under the Social Security Act, an individual must have been 
married at least nine months to qualify for a widow's benefit. 
H.R. 392 would deem Mrs. Wilson's marriage to have lasted the 
minimum period, thus qualifying her for additional Social 
Security benefits. CBO estimates that the bill would increase 
direct spending by about $50,000 over the 2001-2006 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, 
who can be reached at 226-2820, and John R. Righter, who can be 
reached at 226-2860. This estimate was approved by Robert A. 
Sunshine, 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 article 1, section 8 of the United States 
Constitution.

                           Markup Transcript



                            BUSINESS MEETING

                       WEDNESDAY, MARCH 28, 2001

                  House of Representatives,
                                Committee on the Judiciary,
                                                    Washington, DC.
    The committee met, pursuant to notice, at 10 a.m., in Room 
2141, Rayburn House Office Building, Hon. F. James 
Sensenbrenner (chairman of the committee) presiding.
    Chairman Sensenbrenner. The next order of business is H.R. 
392, a private relief bill for the benefit of Nancy Wilson.
    [H.R. 392 follows:]
    
    
    Chairman Sensenbrenner. The chair recognizes the gentleman 
from Pennsylvania to make a motion.
    Mr. Gekas. Mr. Chairman, the Subcommittee on Immigration 
and Claims reports favorably the bill H.R. 392 and moves its 
favorable recommendation to the full House.
    Chairman Sensenbrenner. Without objection, H.R. 392 will be 
considered as read and open for amendment at any point.
    The chair recognizes the gentleman from Pennsylvania to 
strike the last word for 5 minutes.
    Mr. Gekas. Thank you, Mr. Chairman.
    Most of the members of our Subcommittee are pretty well, by 
now, familiar with the saga of Nancy Wilson. This bill would 
allow her to receive Social Security insurance benefits based 
on her deceased husband's income. When she met Mr. Wilson, the 
individual that eventually became her husband, he was already 
married, but his wife had been committed to a mental 
institution in Massachusetts. Massachusetts law prohibits 
divorce by anyone where the defendant would be committed to a 
mental institution. Thus, Nancy, who later became Mrs. Wilson, 
began cohabitation with Mr. Wilson. They stayed together for 19 
years, raised three children, two of whom were of the first 
marriage and one between the two individuals.
    And then, after 19 years, after many years, Mrs. Wilson, in 
the mental institution, died. Immediately, thereafter, Mr. 
Wilson married Nancy so they now were legitimized, so to speak. 
Seven months later, Mr. Wilson dies. That left a gap where, in 
the Social Security law, before Social Security benefits can be 
conferred on a widow, they have to have been married at least 9 
months. Here it was only 7 months, and Mr. Wilson died. This 
bill plugs up that gap, recognizes that, indeed, she was, de 
facto, the--should be the beneficiary of the deceased's Social 
Security benefits.
    So, with that, I ask for a unanimous vote in favor of this 
bill, which we had taken up before.
    Chairman Sensenbrenner. Does the gentleman yield back the 
balance of his time?
    Mr. Gekas. I yield back.
    Chairman Sensenbrenner. Any further discussion on striking 
the last word?
    If not, are there any amendments to the bill?
    Hearing none, the question occurs on the motion to report 
the bill favorably. Do we have a reporting quorum now?
    We're one short of a reporting quorum. Without objection, 
the previous question is ordered on reporting H.R. 392, and 
when we find an additional member, we will act on that and the 
Subcommittee rules.
    [Staff Note: Intervening Business.]
    The question now occurs on the motion to favorably report 
the bill H.R. 503.
    Those in favor will signify by saying aye.
    Excuse me, 392, I'm sorry. Wrong advice by the staff. I 
appreciate the--H.R.--the question occurs on the motion to 
report favorably the bill H.R. 392.
    Those in favor will say aye.
    Opposed, no.
    The ayes have it. The motion to report favorably is 
adopted.
    Without objection, the chairman is authorized to move to go 
to conference, pursuant to House rules. Without objection, the 
staff is directed to make any technical and conforming changes, 
and all members will be given 2 days, as provided by House 
rules, in which to submit additional dissenting, supplemental 
or minority views.
    We have a vote on the House floor. It seems to me this is a 
good time to break. I would ask the members to come back 
promptly.
    Ms. Jackson Lee. Mr. Chairman?
    Chairman Sensenbrenner. Yes?
    Ms. Jackson Lee. I would ask unanimous consent that my 
statements regarding the Subcommittee Rules of Procedure for 
Private Immigration Bills and Private Claims Bills, and H.R. 
392, be submitted into the record.
    Chairman Sensenbrenner. Without objection.
    [The statement of Ms. Jackson Lee follows:]
  Prepared Statement of Hon. Sheila Jackson Lee, a Representative in 
                    Congress From the State of Texas
    I supported H.R. 392 during the last Congress and support it now as 
it would allow a woman to receive social security benefits based on her 
deceased husband's income, as she has been denied benefits according to 
Massachusetts state law which requires at least nine months of 
marriage. She was married for only seven. I support this bill as it 
will grant much needed relief.

    Chairman Sensenbrenner. The Committee is in recess. Please 
return promptly.
                            Dissenting Views

    I respectfully dissent from the Committee's favorable 
reporting of H.R. 392, for the private relief of Nancy Wilson. 
My objections to this legislation are not over Mrs. Wilson 
herself. I do not know her personally and wish her no harm. 
Rather, my objections would remain concerning any other bill of 
this nature.
    The committee reports this bill based on its belief that a 
long term cohabitation should be regarded as marriage for 
purposes of Social Security benefits. Not only do I find this 
to be an unwise policy decision, I believe it is an unwarranted 
intrusion upon the sanctity of marriage that has long been 
recognized through our history. Moreover, I dissent from 
reporting this bill because it is another example of an 
overreaching Federal Government. For whatever reason, 
Massachusetts has determined that divorce on the grounds on 
insanity is an unhealthy practice and as such has taken steps 
to discourage it. By reporting this bill, I believe we 
implicitly override the state's policy decision. The logical 
end of this bill is to say that since cohabitation is the 
equivalent of marriage, the first marriage must, of necessity, 
have ended. This seems little more to me than a Federal 
dictation of state divorce law, not to mention a dictation of 
divorce in this particular circumstance. I find neither of 
these acceptable and therefore, oppose the reporting of this 
bill.

                                   John Hostettler

                                  
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