Last Chance to Comment on Rules Regarding Social Security Death Index Access

Board-certified genealogists working in forensic genealogy should read the new regulations for access to the most recent three years of deaths in the Social Security Death Index (SSDI), also called the Public Death Master File (Public DMF). The regulations were published in the Federal Register on 30 December 2014, and are available here.

A comment period was opened at that time. All comments are due by 29 January 2015. Your comments must be submitted through the “Submit a Formal Comment” button on the Federal Register website associated with this Final Rule.

The closure of recent deaths in the SSDI was enacted into law on 26 December 2013 and officially began on 28 March 2014. After that time, genealogists needing to locate the recently dead had to qualify for a certification program instituted and developed by the National Technical Information Service (NTIS), the entity responsible for selling the Public DMF produced by Social Security Administration. The history of this regulatory process was covered in an earlier Springboard post.

NTIS has requested specific feedback on several areas. Two are important to genealogists: (1) security and (2) impact on small businesses.

The original law provided more than one type of information security solution. Rather than request a technical amendment to the law, NTIS has picked a solution. It asks for feedback on that solution, which is to use third party companies to perform the security evaluation. All costs, of course, are to be borne by the NTIS-Certified Persons with access to the Limited Access DMF.

The impact on small businesses must be measured by section 603 of the Regulatory Flexibility Act. The majority of Board-certified genealogists certainly come within this group. If your small business has been hit by the 2013 law and regulations restricting the SSDI/Public DMF, your comments are specifically requested. The Federal Register states:

NTIS is unable at this time to estimate the number of impacted entities that may be considered small entities. Because NTIS lacks information about the types and sizes of entities [small businesses] impacted by this rule, it cannot determine impacts. Accordingly NTIS requests that the public provide it with information about the types of entities impacted by this rule, whether those are small or large entities under [the Small Business Administration]’s size standards, and the level of or a description of the type of impacts that this rule will have on those entities.[1]

Would you like to be NTIS-certified but are uncertain about the user query system on their DMF database? Would you prefer to pay by the query rather than a flat fee of nearly $1000 each year? Are you worried about the third party security program and how much it might cost? Would you rather make your queries through a database aggregator like Ancestry.com? Has this regulation made it more difficult to find next of kin? All of these are important impacts on your small business. NTIS needs to hear about them in order to fulfill its responsibilities under section 203 of the Regulatory Flexibility Act.

by Barbara Mathews, CG, FASG

As BCG’s official representative to the Records Preservation and Access Committee (RPAC), Barbara advocates for the concerns of Board-certified genealogists, and participates in RPAC’s monthly conference call. RPAC is a joint committee organized by the National Genealogical Society, the Federation of Genealogical Societies, and the International Association of Jewish Genealogical Societies. Each of these three societies has a vote on the committee. Non-voting representatives are sent by several national groups: American Society of Genealogists, Association of Professional Genealogists, BCG, and ICAPGen. In addition, non-voting representatives attend from two corporations, Ancestry, and ProQuest. Communication is fostered by an email list, monthly telephone conference calls, and the RPAC blog.

Photograph used under Creative Commons license. For more information, see https://www.flickr.com/photos/arts/34758108/in/gallery-halliebateman-72157629088082905/.


[1] Federal Register, vol. 79, no. 249, p. 78320, 30 December 2014.

 

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