The Death Master File Paradigm — Introduction

Part of the lasting legacy left by the late Dr. Stephen Covey may be memorialized in his nine minute discussion of the concept of paradigms and paradigm shifts found in the video at: .

Our understanding of how the provisions of Section 203 of the Bipartisan Budget Act of 2013 came about  limiting access to the Social Security Administration’s Death Master File (also known as the Social Security Death Index) DMF/SSDI  may be enhanced by using Dr. Covey’s explanation of a paradigm as a frame of reference.  A nearby posting gives notice of the current opportunity for the public to comment upon a proposed final rule implementing this statute before the 29th of January.

In coming days I intend to post a series of articles to the RPAC Blog acknowledging the need for a paradigm shift in addressing the issues surrounding the issues of tax fraud by identity theft and possible abuses of the SSA’s Death Master File.

Interested readers will be well advised to invest the nine minutes required to review this video.  My thesis is that we may have tried to navigate the streets of Portland using a mislabeled map of Seattle (an observation that may make more sense after viewing Dr. Covey’s instruction.)

Please check back.

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Death Master File — Request for Comments on Proposed Final Rule — Additional Update — New Deadline 30 March 2015

Last week we were advised of the following notice:

“NEW:  NTIS to Publish Notice of Proposed Rulemaking to Establish a Certification Program for Access to Death Master File – Requests Comments


The National Technical Information Service (NTIS) is publishing a Notice of Proposed Rulemaking (Notice) describing a rule that would, if implemented, establish, pursuant to Section 203 of the Bipartisan Budget Act of 2013 (Pub. L. 113-67), a certification program to replace the temporary certification program currently in place for access to the DMF.  The Notice will be published in the Federal Register Wednesday, December 24, 2014.  The Notice invites public comments on the proposed rule and certification program, and sets a 30 day comment period.  The Notice may be reviewed at  If there are any inconsistencies between this document and the version published in the Federal Register, the version published in the Federal Register governs. 


Please note that the temporary certification program, established by NTIS under the Interim Final Rule (79 Fed. Reg. 16668, March 26, 2014), remains in effect.”


Although the notice anticipated that the official notice triggering the 30 day comment period would appear in the Federal Register on the 24th of December, we understand it is now scheduled to appear on Tuesday the 30th of December.

RPAC and its sponsoring organizations are planning to file comments to the proposed final rule.  Our comments will be posted to this RPAC Blog when submitted.  Other entities and individuals desiring to submit their own comments are encouraged to do so.  We would welcome an opportunity to include other such comments in the RPAC Blog with our own.  Please provide a copy of your document to us at .

UPDATED 30 Dec 2014:  The official Federal Register publication is found at: 

UPDATED 7 Jan 2015:

Comments submitted in response to the Request for Comments on the DMF Subscriber Certification Form that were received before the deadline of 5 pm, October 21, 2014, have been posted at  This included the latest RPAC submission to this process suggesting that the new Limited Use Death Master File can no longer  serve  many of the  legitimate purposes for which it has historically been used.

Updated 23 Jan 2015

The National Technical Information Service (NTIS) submitted a notice to the “Federal Register” for publication to extend the period for public comment from January 29, 2015, to March 30, 2015 on the Notice of Proposed Rulemaking; Request for Comments, “Certification Program for Access to the Death Master File”.  This is the notice that requested comments on the Proposed Final Rule published on December 30, 2014.  We will provide a link to the “federal Register” notices when it publishes. 

The link for submitting comments and reviewing those previously submitted by others can be found at:!docketBrowser;rpp=25;po=0;D=DOC-2014-0001







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Genealogists’ Declaration of Rights — We Need Your Support!

With thanks to RPAC Chair, Jan Alpert.

The Genealogists’ Declaration of Rights is a statement advocating open access to federal, state, and local public records. The Declaration affirms America’s long history of open public records, which has been threatened the last few years over concerns about identity theft and privacy. The Declaration of Rights has been approved by the board of directors of the three sponsoring organizations of the Records Preservation and Access Committee (RPAC): The National Genealogical Society (NGS), the Federation of Genealogical Societies (FGS), and the International Association of Jewish Genealogical Societies (IAJGS).

RPAC has worked with state and federal legislators as well as local public officials for more than twenty years in support of legislation and regulations that achieve a balance between access and privacy. The Declaration of Rights is a document RPAC plans to use in response to both state and federal legislation that would restrict access to public records. The Declaration will be presented to the appropriate legislative committee chairs or Executive Branch of government together with a specific statement about RPAC’s position on a proposed law or regulation.

In 2014 RPAC representatives had a booth at the major national conferences including NGS in May, IAJGS in July, and FGS in August where conference attendees could sign the Genealogists’ Declaration of Rights. RPAC also had the Declaration available for signatures at the Southern California Genealogical Jamboree in June. Approximately 1,000 signatures were obtained at these conferences. The Declaration is also available for online signature at As of 4 November 2014, over 4,000 signatures have been obtained. We need 10,000 signatures by the end of 2014 before the next state and federal legislative sessions begin! We Need YOU to sign the Genealogists’ Declaration of Rights!

Genealogical Societies are encouraged to include articles about the Declaration in its Blog or newsletter, obtain signatures at the monthly meetings, and obtain signatures at local, state and regional conferences. We encourage you to obtain original signatures of your members or conference participants including the date signed, signature, printed name, and city and state of residence.

Date    Signature       Printed First Name    Printed Surname        City          State


People may ask if they can sign for states in which their ancestors lived. The answer is NO because we are simultaneously promoting that “Genealogists Vote,” so we want the signatures based upon the state in which the signer resides and votes.

Because we compile signatures by state, a separate page needs to be set up for each state. Please scan each page of signatures and send a copy to Jan Alpert, the RPAC chair, since Jan is responsible for compiling signatures for the respective states. Be sure to include the name of the genealogical society or organization at the top of each signature page. State societies may want to keep the original signatures for use on legislative issues in your state. Upon receipt of scanned signature pages from a society, RPAC will send a “We Signed” sticker for the society website or blog.

A copy of the Genealogists’ Declaration of Rights and signature form can be found hereDeclaration of Rights with bold and hereDeclaration Signature Page on the RPAC Blog.  Check this Blog regularly for updates on legislation which may impact genealogists’ access to public records.

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ID Wise from the Center for Identity

Like every other citizen, modern genealogists also live their lives on an internet populated by identity thieves.

The Center for Identity at The University of Texas at Austin (UTCID) has launched IDWise, a state funded online resource and one-stop-shop for consumer-friendly tips, articles, games and videos on how to manage and secure personal information for individuals, businesses and families. 

I was privileged to participate in a well-attended event at the Alumni Center at The University of Texas at Austin campus on October 7, 2014.

The Press Release announcing the public launch of ID Wise and the background of the Keynote Speakers is found here: Launch IDWise

The event was prominently featured that day on the Austin NBC affiliate KXAN:

The Center’s multi-disciplinary research program brings together diverse expertise vital to identity management, security and privacy advances:  Law, Technology, Public Policy, Social Sciences, Business and Communications.  An overview of the Research Program is found here:  Center for Identity Research

The educational materials developed by the Center were most on display and featured an ID Protection Toolkit found here.  Their ID Recovery Toolkit is found here.  Another popular attraction at the event was an educational video game called “Beat the Thief.

Among the most provocative observations shared with the audience were those found in the remarks of Congressman John Carter (R-31st TX) in which he described the international nature of the threat of identity theft and how several young Russian billionaires had acquired their wealth.  Judge Carter cemented his place as one recognizing early on the serious threat posed by identity thieves with his success in proposing legislation designed to fit the punishment to the damage done by the crime.  Although not specifically cited, I believed he was referring to H.R. 1731 (The Identity Theft Penalty Enhancement Act) which became Public Law No: 108-275 on 07/15/2004.

My expectation is that we can all be beneficiaries of the research and educational efforts of the Center for Identity designed to make the internet a safer place. My hope is that we will explore ways in which the genealogical community might collaborate with them in that effort.

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Combating IRS Refund Fraud: The Next Profile in Courage?

The continuing vulnerability for the IRS online filing system to refund fraud by identity theft has been much in the news in recent days.

It was the focus of the CBS 60 Minutes broadcast Sunday evening, the 21st of September which featured interviews ranging from the fourth IRS commissioner in the last two years, film clips from the Congressional testimonies of his predecessors, and “expert” testimony from a former identity thief.

The broadcast also anticipated the public release on Monday, the 22nd of September of a Governmental Accountability Office (GAO) Report responding to a request from key members of Congress entitled:  “Identity Theft –  Additional Actions Could Help IRS Combat the Large, Evolving Threat of Refund Fraud.”

What GAO Found

Based on preliminary analysis, the Internal Revenue Service (IRS) estimates it paid $5.2 billion in fraudulent identity theft (IDT) refunds in filing season 2013, while preventing $24.2 billion (based on what it could detect). The full extent is unknown because of the challenges inherent in detecting IDT refund fraud.

“IDT refund fraud takes advantage of IRS’s “look-back” compliance model. Under this model, rather than holding refunds until completing all compliance checks, IRS issues refunds after conducting selected reviews. While there are no simple solutions, one option is earlier matching of employer-reported wage information to taxpayers’ returns before issuing refunds.”

Three years after this issue burst into the headlines in 2011, newly available data is finally prompting decision-makers to begin asking the right questions and focus on possible solutions that reflect reality.

Contrary to the original impressions flowing from reports of the identities of recently deceased children (possibly obtained by using the Social Security Administration’s Death Master File) being used to file fraudulent tax refund claims, subsequent analysis confirms that such cases never represented more than a miniscule part of the vulnerability to tax refund fraud. The Treasury Inspector General for Tax Administration report issued in September 2013  analyzing TY 2011 data set the percentage at less than 2% of the total dollars fraudulent paid, and an even smaller percentage of the total number of cases.  (Note Figure 4 in the report.)

It is my hope that TIGTA plans to follow up on the above review of our TY 2011 experience by developing comparable numbers for TY 2012 and TY 2013 so that we can assess the effectiveness of the measures already taken to intercept fraudulent returns.

I will soon supplement this report with additional commentary on RPAC responses to this issue.  Please check back in the next day or so..

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RPAC at FGS San Antonio — Updated

With thanks to Jan Alpert, RPAC Chair

The Times They Are A-Changing, T219, 1:15 p.m.

The Records Preservation and Access Committee presents “The Times They Are A-Changing” on Thursday afternoon beginning at 1:15 p.m. in Room 207B.  Panelists Jan Alpert, RPAC Chair, Fred Moss, Counsel for FGS, and Jan Meisels Allen, Chair, IAJGS Public Records Access Monitoring Committee will present an update on the several important state, federal, and international record access issues including the following:

  • Learn how the 2013 Bipartisan Budget Act closed access to the Social Security Death Index for three years after each individual’s death unless certified by the Department of Commerce, and how RPAC is responding to the closure;
  • The 2011 Revision of the Model Vital Statistics Act has been introduced in several states, which if passed, embargos access to birth records for 125 years, marriage and divorce records for 100 years, and death records for 75 years.  What can you do in your state to preserve your access to Vital Records?
  • The European Union has new Data Privacy Regulations under consideration which include the “right to be forgotten.”
  • The genealogical community (sponsored by FGS, NGS, and IAJGS) has initiated a Genealogists’ Declaration of Rights. More than 3,500 have already signed the Declaration at the major conferences this year or online. Stop by the RPAC booth #604, sign the Declaration, and receive an “I signed the Declaration” sticker. Genealogists care about access to records and we vote.

The slides are now posted as the last item on the RPAC Blog Publications page at .

UPDATED 21 September 2014

With thanks to Teri E. Flack, the Texas RPAC State Liaison (and 2014 FGS Conference Co-Chair) we can also share her related presentation on “Effective Advocacy”:               effective advocacy-FGS 2014-final (2)

Audio recordings of both presentations are available at

23765 = Effective Advocacy

23781 = RPAC Session – The Times They are A-Changin’

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BillionGraves and The Federation of Genealogical Societies partner to image all cemetery markers for War of 1812 Participants

Press Release:  War of 1812 Grave Markers with Billion Graves – 1 July 2014

BillionGraves and The Federation of Genealogical Societies partner to image all cemetery markers for War of 1812 Participants

The Federation of Genealogical Societies also launches a major fundraising campaign for the Preserve the Pensions Project to honor the memory of these veterans in the month of July

• Effort will include national War of 1812 cemeteries
• Includes persons with individual markers in local and private cemeteries
• July is a great month to remember the participants of the
“Second Revolution” as well as the American Revolution
• The Federation seeks to raise an average of $1,812 each day of July!

AUSTIN, TX – 1 JULY 2014 The Federation of Genealogical Societies and cemetery website BillionGraves announced today a joint project to image all of the gravestone markers for participants of the War of 1812. “The images from these markers, coupled with the Federation’s current project to raise the funds to digitize the 7.2 million images of the pensions for those who participated in the War of 1812 are a natural fit,” said D. Joshua Taylor, President of FGS.

Hudson Gunn, President of BillionGraves said, “This July our focus is to see that the nation’s military headstones are documented and preserved for future generations. Headstones from early American history are quickly deteriorating, making it only a matter of time before they are lost forever. We are very pleased to have the Federation lend its help to spread this message for the War of 1812 veterans.” It is estimated that as many as 350,000 men may have served in the war. Although it is impossible to know how many may have cemetery markers, there could be as many as 50,000-80,000 markers for these veterans.

BillionGraves and The Federation of Genealogical Societies are asking anyone with knowledge of a cemetery marker for a War of 1812 veteran to upload the image of the marker to the BillionGraves website ( using their free mobile application during the month of July to honor and remember the service of those who served in the “Second Revolution.”

If you upload an image for a War of 1812 veteran during the month of July or anytime thereafter, please let us know on Facebook or Twitter by using the hashtag #1812today and/or #warof1812 and/or #billiongraves. The Federation will also be posting the progress toward the fundraising goal of $1,812 per day on Facebook and Twitter, so check often and pass the word!

The efforts from these two organizations will provide a very valuable asset for researchers and historians researching 1812 veterans. With the Federation raising awareness of the project to digitize the War of 1812 pension records during the month of July and BillionGraves making the cemetery markers of War of 1812 veterans immediately searchable, it should be an exciting month for all genealogists and historians – everyone wins!

Those interested in preserving this valuable piece of America’s documented history can make a single contribution or become a monthly contributor of the Preserve the Pensions project. For more information, go to .

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RPAC & NAPHSIS at NGS Conference

National Genealogical Society Luncheon

Patricia W. Potrzebowski                                                                     

Patricia W. Potrzebowski

Vital Statistics Registrars and Genealogists: 

We Need to Talk!


S431, Saturday, 10 May 2014, at 12:15 p.m.

Patricia W. Potrzebowski, PhD, Executive Director of the National Association for Public Health Statistics and Information, will be the featured speaker at the National Genealogical Society luncheon. The title of her talk is “Vital Statistics Registrars and Genealogists: We Need to Talk!” NGS has selected this topic to emphasis the importance of access to vital records for genealogists. Ms. Potrzeboski’s talk will cover the following key points:

• What do state registrars of vital records and genealogists have in common?

• How can state registrars and genealogists work together more effectively to achieve mutual goals?

• Why privacy, confidentiality, and security of vital records matter to all of us.

Patricia W. Potrzebowski, Ph.D. has been the Executive Director of the National Association for Public Health Statistics and Information Systems since January, 2011.  Information about NAPHSIS can be found at

Previously, Trish served as the Director, Bureau of Health Statistics and Research at the Pennsylvania Department of Health, where she worked for more than 35 years.

While there, Trish established the first designated State Center for Health Statistics in the nation, implemented an award winning statewide cancer incidence registry and immunization registry, and directed the state’s vital statistics system.  In 2001 she launched the Commonwealth Universal Research Enhancement (CURE) program with funds from the Tobacco Master Settlement Agreement to provide clinical, biomedical, and health services research grants each year to universities, hospitals, and other research organizations located in Pennsylvania.

Trish earned her Ph.D. in human genetics from the Department of Biostatistics of the Graduate School of Public Health, University of Pittsburgh. She is a former President of NAPHSIS and received the Halbert L. Dunn Award in 1991 for her contributions to national and state health statistics systems.  Trish chaired the Panel to Evaluate the U.S. Standard Certificates that created the 2003 revised certificates, and was also a member of the 2011 Model Law Revision Work Group.

Luncheon tickets can be purchased for $32.00 at through 22 April 2014. Register now before the luncheon sells out.

Also mark your conference schedule to attend the Records Preservation and Access Committee session, Thursday, 8 May 2014, 4:00 p.m., “RPAC: Access to Vital Records is Under Attack! How Can You Help?”

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Connecticut — New Threat to Genealogists: Senate Bill 414 — Updated

With thanks to Dr. Robert L. Rafford, RPAC State Liaison for Connecticut:

SB414-Year2014_002 (2)

“Please forward this e-mail on to any genealogical or historical group or individual who might be affected by this legislation:


Senate Bill 414 poses an immediate threat to genealogists and comes before the Public Health Committee of the Connecticut General Assembly (CGA) tomorrow, Friday, March 14, at 10:30 a.m. at the Legislative Office Building in Hartford. I urge everyone to join me there at the hearing and, if you can, present testimony in person. If you cannot be there, you can still submit testimony which will become a part of the permanent record by sending your testimony to It need not be fancy – just let all members know that this is an outrageous assault on the rights of American citizens known as genealogists. Please also contact the members of the Public Health Committee; the membership list can be found at Please also contact your local legislators. Tell them that you want them not to give a pass to this shocking and probably illegal proposal.


Here are the facts:


The current statute states that genealogists have access to “all vital records in the custody of any registrar of vital statistics, including certificates, ledgers, record books, card files, indexes and database printouts,  “during all normal business hours.” The proposed legislation would delete “during all normal business hours” and would add this sentence:


A registrar of vital statistics may grant a genealogist immediate access to such records or may require a genealogist to schedule an appointment to access such records, at the registrar’s discretion. A registrar requiring an appointment for access to such records shall schedule such appointment as soon as reasonably practicable.”


This legislation is wrong for these reasons:

1)    It would gut the existing provision regarding “normal business hours” access; that right was emphasized in the revised 1996 legislation (I was one of its authors) because registrars were unfairly treating genealogists as if our requests were “frivolous,” whereas the business of others was “serious.” It simply meant that genealogists were not second-class citizens and should be served on a first-come-first-served basis like everyone else.


2)    It would demand that all genealogists contact a town hall first because we would never know whether an appointment is necessary before research. If you have ever attempted to telephone a vital record office of a city in Connecticut, you know that this would make research a nightmare.


3)    It would allow all registrars the power to put off for days, weeks or longer any researcher wishing to legally access the public (death. marriage, land, and all other) records of our government until they deem it is “reasonably practicable.” While Connecticut spends millions of dollars trying to attract the tourist trade to our state, this would heartily discourage them from coming here, staying in hotels, eating in our restaurants, going to our attractions and researching in our libraries and especially town halls, as they do now for weeks at a time.


4)    The most egregious part of this legislation is that it would single out a particular class of American citizens, genealogists, whether acting from an avocation or conducting a business, for adverse treatment. This is legally impermissible. Others who regularly make records requests of registrars are attorneys, funeral directors, title searchers, real estate agents, heads of municipalities, soccer moms, veterans, medical researchers, officials from state and federal agencies and departments, police departments, adoption agencies, statisticians, newspaper reporters, authors, biographers and other members of the general public. Not one of these groups would be adversely affected by this legislation – just genealogists.


Tell them that, as a genealogist, you do not want to lose your status as American citizens simply because your reason for making legal requests may be different from that of others, nor can your requests be treated as inferior to those of other citizens. In this country, all must be treated equally under the law.


The bill is ostensibly from the Commissioner of Public Health, Dr. Jewell Mullen (see her at Visit her page and send her a complaining message too. She was probably importuned by a small handful of registrars, but we don’t know; because this is a short session of the legislature, bills are not introduced by individual legislators, so tracking the origin of this proposal is most difficult.


More information about the bill and the names of all legislators can be found at You should become as familiar with this site as possible (this may become a yearly event!). It is possible to track the progress on this legislation by clicking “bill tracking” at the upper right corner; then, when a change is made, you will receive an e-mail letting you know of the change. To find the wording of this bill, simply type in “414” in the box at the top labeled “Number,” then click on “Raised Bill” and a pdf copy of the bill should pop up.


Thank you so much for your help with this crisis. Your individual support is absolutely essential to defeating this threat.

UPDATED 28 Mar 2014:

RPAC Member Barbara Matthews has shared the following report from Tom Howard:

“Dear Friends in Genealogy:

The note just received from 6th District and Co-Chairman of the Public Health Committee Senator Gerratana’ s office has confirmed that SB 414 has failed to get out of the committee to the floor of the State Senate and House because of the outpouring of letters, phone calls and e mails received and testimony given at the public hearing on the bill.

We feel confident that the bill is dead and will stay dead for this session. We will remain vigilant that the matter will not appear as amendments to other bills. We ask that you thank senators and representatives for any help they have given us while asking them to continue to watch for any matters affecting genealogists.

Robert Rafford, Nora Galvin and I thank you again for your help in getting the message out.


Tom Howard

Genealogical Coalition 2014

Steering Committee

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Record Access Article in Avotaynu

IAJGS was privileged to be asked to write an article on records access as the lead article for the 2013 Fall Issue of Avotaynu.  The article was a collaborative work of the members of the IAJGS Public Records Access Monitoring Committee.

You may access the article at . The article is posted in two parts.

The article focuses on three areas: the European Union Proposed Data Privacy Regulation, the [US]  2011 Model State Vital Records Regulation and the access to Death Master File/ Social Security Death Index which Congress has been debating for several years.  The article was published before this week’s surprise inclusion in the Bi Partisan Budget Bill with the limited access to the Death Master File/Social Security Death Index.  The Bi Partisan Budget bill passed the House of Representatives  332-94  and Senate voted on December 17 67-33 to advance the bill for a floor vote expected this week where it is likely to pass.  The issues discussed about the DMF/SSDI are still relevant regarding permitting specific types of genealogists to have immediate access and the IAJGS as part of the genealogical community will be working toward that end in 2014 with the Commerce Department and the relevant Congressional Committees to expand the definition of “legitimate users” to include these types of genealogists..

Thank you to Sally Ann Sack-Pikus and Gary Mokotoff for recognizing the importance of records access to invite the article and to give it prominence as the lead Avotaynu article.

Jan Meisels Allen

Chairperson, IAJGS Public Records Access Monitoring Committee

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