ISPLA LEGISLATIVE UPDATE
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ISPLA is concerned about a provision of new bill, H.R.3215, the Identify Theft and Tax Fraud Prevention Act, introduced October 14 by Rep. Kathy Castor [D-FL-11] and co-sponsored by Rep. Richard Nugent [R-FL-5].
Although the purpose of this bill ostensibly is to provide increased fines and/or imprisonment for using a false identity in connection with tax fraud, Section 9 will restrict access to the Death Master File to just those persons who are certified to have a legitimate fraud prevention interest. There are additional purposes for which such access should be granted if there are going to be restrictions to such access. The bill has been referred to the House Committee on Ways and Means. Below is the section about which ISPLA has expressed concern.
Bruce H. Hulme
ISPLA Director of Government Affairs
www.ISPLA.org
SEC. 9. RESTRICTION ON ACCESS TO THE DEATH MASTER FILE.
(a) In General- The Secretary of Commerce shall not disclose information contained on the Death Master File to any person with respect to any individual who has died at any time during the calendar year in which the request for disclosure is made or the succeeding calendar year unless such person is certified under the program established under subsection (b).
(b) Certification Program-
(1) IN GENERAL- The Secretary of Commerce shall establish a program to certify persons who are eligible to access the information described in subsection (a) contained on the Death Master File.
(2) CERTIFICATION- A person shall not be certified under the program established under paragraph (1) unless the Secretary determines that such person has a legitimate fraud prevention interest in accessing the information described in subsection (a).
(c) Imposition of Penalty- Any person who is certified under the program established under subsection (b), who receives information described in subsection (a), and who during the period of time described in subsection (a)–
(1) discloses such information to any other person, or
(2) uses any such information for any purpose other than to detect or prevent fraud,
shall pay a penalty of $1,000 for each such disclosure or use, but the total amount imposed under this subsection on such a person for any calendar year shall not exceed $50,000.
(d) Exemption From Freedom of Information Act Requirement With Respect to Certain Records of Deceased Individuals-
(1) IN GENERAL- The Social Security Administration shall not be compelled to disclose to any person who is not certified under the program established under section 9(b) the information described in section 9(a).
(2) TREATMENT OF INFORMATION- For purposes of section 552 of title 5, United States Code, this section shall be considered a statute described in subsection (b)(3)(B) of such section 552.
