On behalf of RPAC we thank all of the readers of the RPAC blog and most especially our state liaisons for helping carry the message of how important continued access to the SSDI is to the genealogical community.

As you are aware both the US House Ways and Means Committee Subcommittee on Social Security and the US Senate Finance Committee Subcommittee on Fiscal Responsibility and Economic Growth held hearings in February and March which addressed access by the public to the Death Master File also known commercially as the Social Security Death Index. The genealogical community was not invited to testify at either hearing, but the genealogical community, namely, FGS, IAJGS, NGS and RPAC along with others submitted written statements for the record to the House Subcommittee and this week each of us are submitting written statements for the record to the Senate Subcommittee. We have been in contact with staff of both subcommittees before each hearing and continue to be in touch with both staffs following the hearings….the issue is very much alive on our agendas.

Genealogists have proven to be effective negotiators as exemplified most recently with the successes in both Pennsylvania and Virginia where the local genealogical community with support from outside their respective states were successful in obtaining new laws with the public gaining greater access to vital records. Recently, the RPAC leadership discussed what is most realistic considering the differences between the House and Senate versions of legislation—no access or access two years including year of death. Compromise has to be considered, what is best for the overall genealogical community is to have reasonable access, and those professional genealogists who are forensic genealogists, heir researchers, and family medical history researchers should be given immediate access.

After listening to Congressional staff and discussion with others in the genealogical community, RPAC leaders’ statements for the record submitted to the Senate Subcommittee will state that:

While we advocate all genealogists should have immediate access to the SSDI, we would support the two year delay in access as proposed in S 1534-and if necessary the third year that National Taxpayer Advocate Nina Olson advocated during her oral testimony during the March 20^th hearing. This support is with the caveat that certain genealogists are to be eligible for certification for immediate access. These genealogists include: forensic genealogists, heir researchers, and those researching individual genetically inherited diseases.

We recognize that some of you may not agree with this position, but our collective and unified position is this is what is best in light of increased identity theft and legislators trying to address prevention on behalf of their constituents in an election year—even though genealogists are not the cause of identity theft.

 Judy Russell in her March 20^th The Legal Genealogist Blog said, and we concur:

“The big difference between last month’s House hearing and today’s Senate hearing is that, if we had to, most of us in the genealogical community could live with the bill that’s being considered today. Senate Bill 1534,² sponsored by Sen. Bill Nelson (D-Fla.), isn’t perfect by any means, but it’s much much better for genealogists as a whole than the bill introduced on the House side by Rep. Sam Johnson (R-Tex.).³

Nelson’s bill really focuses on identity theft and fraudulent tax filings by people who steal the Social Security numbers of others and would only delay disclosure of death information reported to the SSDI.⁴ Johnson’s bill would take the SSDI away from the public forever.⁵ If we have no choice but an either-or, this one is a no-brainer.”

Otto Von Bismark said, never watch laws or sausage being made, and this is one of those times.  We hope that you will send in your statement to the Senate Subcommittee—they will accept it snail mail only ( no e-mails nor faxes) and the deadline is April 3.  Please send your statements for the record to:

Senate Committee on Finance
Attn. Editorial and Document Section
Rm. SD-219
Dirksen Senate Office Bldg.
Washington, DC 20510-6200

The required format is: A typewritten, single-spaced statement, not exceeding 10 pages in length. Title and date of the hearing, and the full name and address of the individual or organization must appear on the first page of the statement. Statements must be received no later than two weeks following the conclusion of the hearing.

The Subcommittee on Fiscal Responsibility & Economic Growth of  the United States Senate Committee on Finance has announced a hearing for Tuesday, March 20, 2012, 10:00 AM EDT entitled “Tax Fraud by Identity Theft, Part 2: Status, Progress, and Potential Solutions.

The link announcing the hearing and listing witnesses scheduled to appear is found at:

http://finance.senate.gov/hearings/hearing/?id=8c908260-5056-a032-525c-4f663b8d35f8

From this landing page the hearing can be viewed live at the scheduled time or after several days will be available for subsequent viewing.

This Subcommittee is chaired by Senator Bill Nelson (D-FL) with Senator Mike Crapo (R-ID) as the ranking member.   Senator Nelson is the author of Senate Bill S 1534, one of four identity theft bills before the Congress and possibly impacting access to the Social Security Death Index (SSDI).   That bill as introduced September 8, 2011 can be viewed at:

http://www.gpo.gov/fdsys/pkg/BILLS-112s1534is/pdf/BILLS-112s1534is.pdf

This same Subcommittee held a hearing addressing these issues on Wednesday, May 25, 2011 entitled “The Spread of Tax Fraud by Identity Theft:  A Threat to Taxpayers, A Drain on the Public Treasury.”  Those proceedings can be viewed and prepared statements downloaded from:http://finance.senate.gov/hearings/hearing/?id=32a4f2cc-5056-a032-5258-8967bf140b37

We understand that there may be opportunity for the submission of additional materials for the record after the hearing.  We will be announcing RPAC recommendations for possible community action as details are developed.  Stay tuned.

Sign the We The People petition at http://wh.gov/khE.

RPAC and its sponsoring organizations (FGS, NGS, IAJGS)  all submitted Statements for the Record supplementing the Social Security Subcommittee of the House Ways and Means Committee hearing  2 February 2012 in response to a committee invitation to do so.

RPAC Statement for Record HWMC 16 Feb

FGS Statement for Record HWMC 16 Feb

NGS Statement for Record HWMC

IAJGS Statement for Record HWMC

We particularly appreciated supporting Statements for the Record submitted by other societies and uniquely qualified individuals, some of which have come to our attention.

Kenneth H. Ryesky Comments for Record HWMC

APG Statement for the Record

Massachusetts Genealogical Council Statement for Record

Virginia Genealogical Society

Council for the Advancement of Forensic Genealogists

We have all been outraged by reports of identity thieves filing fraudulent tax refund claims using the SSNs of recently deceased infants & adults.  Our strongest message is that the means to stop this particular form of identity theft exists now, without waiting for any additional legislation.

       As existing policy regarding public access to the Death Master File is reviewed, we urge that input from actual genealogists be sought.  The members of the Records Preservation and Access Committee stand ready to assist in arranging for that input to both the Executive and Legislative branches.

Sign the We The People petition at http://wh.gov/khE.

With thanks to Thomas MacEntee:

Instructions for signing up at WhiteHouse.gov and signing the petition can be found at http://fgs.org/pdf/rpac_petition.pdf.

You can check the press release announcing this initiative at http://voice.fgs.org 

With thanks to RPAC Member Jan Meisels Allen:

The genealogical community is under attack and we have initiated a campaign: “Stop Identity Theft NOW”—which is the real culprit—not genealogists!  See below.

The House Ways and Means Committee Social Security Subcommittee held a hearing on the Social Security Death Index (SSDI), the commercial name of the Death Master File (DMF) on February 2^nd. The genealogical community was told they were not invited to testify, unfortunately they made the genealogy community the scapegoat for identity theft, by focusing on the public access to the SSDI on genealogical websites. One of the witnesses was a grieving father whose deceased child’s social security number was stolen and used fraudulently for tax refunds by the identity thieves. He was very concerned that his deceased daughter’s Social Security number could be seen on the internet by anyone. The Social Security Administrator spoke on behalf of the Administration and during the question and answer period stated, genealogists do not need the SSDI, they can get their information in other ways, and can wait as they do for the release of US census for “75 years. It was reported that the Administration is very concerned with who has access to the SSDI and the Office of Management and Budget is working on the issue.

The House Ways and Means Committee Subcommittee on Social Security is proposing to completely shut down use of the SSDI by genealogists as well as other industries such as banking and insurance that rely upon its information. Such an attempt is short-sighted and runs counter to the original purpose of the SSDI: to actually combat fraud.

The subcommittee members indicated that this is a bi-partisan issue and both the Democrats and Republicans will be working together to address this in upcoming legislation.

The February 2 hearing video was posted to the website today: http://waysandmeans.granicus.com/MediaPlayer.php?view_id=2&clip_id=133.

The written statements of the five invited witnesses may be read at

http://waysandmeans.house.gov/Calendar/EventSingle.aspx?EventID=276835

The “Legal Genealogist” posted a summary of the hearing which may be read at:

http://www.legalgenealogist.com/blog/  scroll down to February 3 posting.

Because of the negativity given the genealogical community at the hearing the genealogical community, through the Records Preservation and Access Committee (RPAC) [a joint committee whose voting members are the Federation of Genealogical Societies, IAJGS and the National Genealogy Society with participating members: APG, BCG, ASG, Ancestry.com and ProQuest.] is responding with a campaign to “Stop Identity Theft NOW”. The issue is that the SSDI used appropriately is a mechanism to stop identity theft!

Call To Action For IRS To Do Its Job

Each year, fraudulent tax refund claims based upon identity theft from recently deceased infants and adults are filed with the Internal Revenue Service (IRS). The current target is the Social Security Death Index (SSDI) or Death Master File since this file, as found on numerous genealogy-oriented websites, could possibly be the source of identity thieves acquiring a deceased person’s Social Security number.

The IRS could close the door to this form of identity theft if, in fact, it were to use the Death Master File for the purpose for which it was created: to reduce fraud. If returns claiming a tax refund were screened against the Master Death File and matching cases identified for special processing, the thief should receive a rejection notice for the filing.

 Please see http://fgs.org/rpac  for information on what the genealogical community is doing. In addition, IAJGS, FGS, NGS and RPAC will be submitting statements for the record before the February 16 deadline for the record closure.  I encourage you to go to the website and become involved and sign the “White House “We the People Petition” now posted at http://wh.gov/khE and accepting signatures, has a simple yet effective mission:

Take immediate steps that would curtail the filing of fraudulent tax refund claims based upon identity theft from recently deceased infants and adults.

 When on the “We the People” petition website you have to create an account –name, e-mail address, location and create a password. The only information  showing on the petition, is first name and first initial of last name and location.  The White House requires 25,000 signatures within a month to act!   Please have your voice counted!

Do not forget this is an issue where “you” need to contact your Congressional representatives so that they hear us- access to public information should not be the casualty in this fight! Only when we help our elected representatives understand that using public records is the way to stop fraud, not closing those records, can we protect all of the interests we all have here.

Please share this with your genealogical friends and your genealogical society. If you have any problems with signing the petition, please  contact us at access@fgs.org

 Much more to come.  Please stay tuned.

What if:

 (1) The Social Security Death Index were no longer available online or

(2)   Birth certificates in every state were not made public for 125years, nor death certificates, marriages and divorce records available until after 75 years?

These and similar proposals further limiting genealogical access to “public” records are actively being considered by policy-makers at the state and federal level.

The most recent example is the hearing held by the Social Security Subcommittee of the House Ways and Means Committee held on 2 February and found at:  http://waysandmeans.house.gov/Calendar/EventSingle.aspx?EventID=276835

Recent posts here at the RPAC Blog at http://www.fgs.org/rpac/  give additional information.

We expect to launch a significant petition drive on Tuesday, the 7^th of February. It will urge the Administration to take steps that should curtail the filing of fraudulent tax refund claims based upon identity theft from deceased infants and adults almost immediately.    Please plan to check back at the RPAC Blog at that time.

What can individual genealogists and local societies do?  In essence, our message is “Get Involved!”

Start by asking these two questions:

(1)  Do I know who my legislators (state & federal) are?

(2)  Do they know who I am?

Colleagues,

In the preceding post we have reported the hearing announcement made by the House Ways & Means Committee for this Thursday, the 2^nd of February.

Please note that RPAC has NOT YET called upon the entire genealogical community to submit formal statements for the record.  While we would never discourage individual genealogists from sharing their concerns with their elected representatives, our recommendation at this time is that these formal statements come rather from societies and be consistent with the format specified by the Committee.  FGS, NGS and IAJGS will be submitting such statements.

As telegraphed in our companion blog post of 28 January, RPAC is developing an alternative mechanism for the entire genealogical community to be counted in an appropriate but dramatic way.  Although we indicated that an announcement would be made on Valentine’s Day,  circumstances may dictate that we move that news to an earlier date.   This will be a topic of discussion and coordination this week while many key players are attending RootsTech.

Our options and recommendations may change as a result of developments during and after Thursday’s hearing. The hearing will be broadcast live by streaming video available through a link on the Committee Web Page at:  http://waysandmeans.house.gov/

Please stay tuned.

RPAC 24 Jan 12 to HW&M

For the past several months,   RPAC members have been in
discussions with the House Ways and Means Committee Social Security
Subcommittee staff on the genealogical community’s needs for access to SSDI
including the Social Security Numbers [SSN], including providing them with
suggested legislative language addressing the concerns of using deceased
children’s SSN’s while still permitting legitimate users –including
genealogists–access to the SSDI. See the link to our materials above.   Several very prominent genealogists were lined up to testify on the hope that the genealogical community would be an invited testifier–even with only one representative. We were advised the
upcoming hearing would not be specific to any of the current bills in
Congress but rather to address the issues and what legislation should
include.

IAJGS was the coordinator and the lead spokesperson with the Subcommittee
staff. As such IAJGS was advised by the Ways and Means Committee Social
Security Subcommittee staff on January 26 that due to their very limited
time and the issues growing more complex, they decided not to go with a
genealogist witness. They commented that we may submit testimony for the
record.  The decision as to who may be a presenter at a hearing is made by
the Subcommittee chairperson, in coordination with the ranking subcommittee
member and with subcommittee staff. The decision is not appealable.
The hearing information was posted to the House Ways and Means
Committee website–February 2 at 9:00 AM.  http://tinyurl.com/7mp5op8

original url:
http://waysandmeans.house.gov/Calendar/EventSingle.aspx?EventID=276835

Please read the hearing advisory at: http://tinyurl.com/7xojjc3

original url:

http://waysandmeans.house.gov/News/DocumentSingle.aspx?DocumentID=276834

For information on submitting a statement see:

http://tinyurl.com/6lu7dw7

original url:

http://waysandmeans.house.gov/committeesubmissions/

Statements may be submitted through February 16- two weeks following the
hearing. How and where are located in the link immediately above.

Needless to say we are very disappointed that the genealogical
community was not invited to be a presenter at the February 2 hearing.
FGS, NGS and IAJGS are planning to submit statements.  As more information is made
available it will be posted to this forum.