§1306c Restriction on Access to the Death Master File

Summary

The law stops the Secretary of Commerce from giving out Death Master File data about a dead person for the three-calendar-year period that starts on the person’s date of death, unless the requester is certified under a special program. Commerce must create that certification program, approve people who show they have a real fraud-prevention interest or a legitimate business purpose under a law, rule, or fiduciary duty, and check that they have the systems and experience to keep the information safe. Certified people must follow rules like those in section 6103(p)(4) of the tax code. Commerce must audit certified users, charge fees that only cover the program’s costs, and report yearly to the Senate Finance Committee and the House Ways and Means Committee on fees and costs. If a certified person gives the data to someone not meeting the rules, gives it for an unauthorized use, or uses it improperly, they (and any further recipient who also misuses it) must pay $1,000 for each disclosure or use. The yearly limit is $250,000 per person unless the Secretary finds the violations were willful or intentional. The Death Master File means names, Social Security numbers, dates of birth, and dates of death maintained by the Social Security Commissioner (excluding info given under section 405(r)). Federal agencies do not have to release this data to uncertified people under FOIA. The FOIA rule took effect on December 26, 2013; the rest took effect 90 days after December 26, 2013.