Social Security Number

Not Required

Policy Manual

For living without a

Social Security Number

and

For dealing with

people, customers and employees
who do not use
Social Security Numbers

Second Edition
Table of Contents

TableofContents ....................................................... i

Preface...............................................................vii

WhatYouWillLearn.................................................. viii

WhatDoesThatMean.................................................. ix

AreYouReallyRequiredtoahaveTelephoneNumber?................... ix

ABriefGlossary...................................................x
TheMeaningoftheWord shall ................................x
TheMeaningoftheWord include .............................xii
TheMeaningoftheWord fail ............................... xiii

So,WhatDoesitReallyMean? .....................................xiii
Who sBoundbytheLaw.......................................... xiv

TheHistoryofthe
SocialSecurityNumber.................................................1
EmploymentIssues......................................................7
EmploymentEligibilityVerification ...................................7
InternalRevenueServiceRequirement..................................8
HowtoHireanUnenumeratedEmployee ...............................9
ComplyingwithInternalRevenueServiceRequirements ............10
ComplyingwiththeI.N.S.FormI-9Requirements.................20
UnderstandingtheI.R.S.FormW-9.............................24
DealingwithBenefits........................................25
ThePro sandCon sofHiringtheUnenumerated........................25
WhyDoesMyCPAdisagreewithYou? ...............................27
GettingHiredWithoutaSocialSecurityNumber ........................28
NegotiatingWiththeProspectiveEmployer ......................31
Don tUseaFalseSocialSecurityNumber .......................32
DealingWiththeI.N.SFormI-9 ...............................32
DealingWiththeI.R.SFormW-4 ..............................34
DealingWithRejection.......................................34
GoingonYourOwn.........................................37
IndividualTaxpayerIdentificationNumber.............................37

FinancialIssues........................................................39
Banking.........................................................46
FinancialTransactionInvolvingCurrencyofMorethan$10,000......47
PurchaseofBankChecksorDraftsfor$3,000orMore .............47
BrokerageAccounts.........................................48
CertificateofDepositAccounts................................48
CheckingAccounts..........................................49
ProofofReasonableEfforttoSecureIdentifyingNumbers...........50

OpeninganAccount...............................................50
TheNice-GuyApproach......................................51
GetalittleTougher..........................................52
GettingTough..............................................57

LocalCreditUnion................................................58
CheckCashing ...................................................58
Credit ..........................................................59

DealingWithFederalAgencies...........................................61
SelectiveService..................................................62
RegisteringWithoutaSocialSecurityNumber....................63
MilitaryService ..................................................63
ProhibitedfromRequiringaSocialSecurityNumber...............64
Passport.........................................................65
EnterZerosorLeaveitBlank..................................65
InternalRevenueService ...........................................67
The31%WithholdingMyth...................................67
SocialSecurityAdministration.......................................73
ObtainingaSocialSecurityNumber ............................73
GettingYourApplicationRejected .............................73
TheRescindingaSocialSecurityNumberScam...................74
GettingoutoftheSystem.....................................74
GettingaNewNumberAssigned...............................74
UnitedStatesCensus ..............................................75
ViolationoftheFifthAmendment....................................75

DealingwithStateandCountyAgencies...................................79
IgnoranceoftheLawisanExcuseforSome............................79
Driver sLicense..................................................80
OnlyLawfulifitWasDoneBeforeJanuary1,1975................81
GetaLetterofIneligibilityfromtheSocialSecurityAdministration...82
SuetheStateforDiscrimination................................82
BewareoftheInternationalDriver sPermit.......................83
VoterRegistration.................................................83
SuetheBureaucrats .........................................84
Schools.........................................................84
SchoolFreeLunchPrograms..................................85
HuntingandFishingLicense ........................................86
VerifytheApplicableLaw..........................................87

DealingwiththePublic..................................................89
Renting .........................................................89
Utilities.........................................................90
Insurance........................................................90
Medical.........................................................90
Don tNumberYourBaby.....................................91
CreditReportingAgencies..........................................92
HowtheMajorCredItReportingAgenciesIdentifyYou.............92
HowtoEstablishaNewCreditFile.............................93
TheFairCreditReportingAct .................................94
DealingwithIdiots................................................97
KnowingtheCriminal..............................................98

TheVoluntaryNatureofthe
SocialSecurityNumber...............................................103
ListofLawsandRegulations.......................................103
UnitedStatesCode ....................................................109

UnitedStatesCodeofFederalRegulations ................................115

CourtCases..........................................................153

SomeExamples.......................................................157
EEOCv.InformationSystemsConsulting.............................157
Plaintiff'sResponsetoDefendant sMotiontoDismiss.............157
ConsentDecree............................................163
Weberv.LeasewayDedicated.....................................167
AuthurThomasv.TacoBell........................................169

Aboutthe
SocialSecurityNumberandCard ......................................171
WhattheDigitsMean.............................................171
TheStructureoftheSocialSecurityNumber...........................171
TheRighttoTravel....................................................175
BriefinSupportofNoticeforDismissalforLackofJurisdiction...........175
Argument ................................................176
Rights ...................................................176
Definitions................................................180
DueProcess...............................................186
Regulation................................................188
SurrenderofRights.........................................189
ConversionofaRighttoaCrime..............................190
Conclusion ...............................................191

ANewIdentity .......................................................195
FakeIDsareDangerous...........................................195
GettingaNewBirthCertificate .....................................196
OrderingaBirthCertificate ..................................197
GetaWorldPassport .............................................202
AbouttheWorldPassport....................................203
LegalValidityandUsageoftheWorldPassport..................203
GetanInternationalDriver sLicense.................................204

GetaForeignDriver sLicense................................205
ObtainingaSecondCitizenship.....................................206
GetaNewSocialSecurityNumber..................................207
GetaStateIssuedDriver sLicense..................................207
GetaCreditCard ................................................207
NeverCarryDualIdentity .........................................208

SampleLettersandForms..............................................209
RequestforIRSStatementRegardingPenalty..........................210
IRSReply................................................211
RequestforIRSOpinionRegardingUnenumeratedEmployee.............212
IRSReply................................................213
RequestSSAOpinionAboutRequirementofSSNforEmployment ........214
SSAReply................................................215
AskingSSAforWhichLawRequiresaSocialSecurityNumber...........216
SSAReply................................................217
ReplytoEmployer sRequesttoSocialSecurityNumber.................218
ReplytoRequestforIRSW-4......................................219
AttachmenttoReply........................................220
TerminatingaWithholdingAgreement...............................221
TerminationLetter .........................................221
ReleaseAgreement.........................................222
IndemnityBond ...........................................223
VoluntaryWithholdingAgreement ..................................224
ReasonableCauseAffidavitbyEmployer.............................225
AlternatetotheI.N.S.FormI-9.....................................226
Citizen sAssertioninLieuofI.N.S.FormI-9..........................227
NoticetoWithholdDisclosueofSSN ................................228
ColorofLawViolationWarning....................................229
ConstructiveNoticetoServeonBanks ...............................230
NoticeRegardingEmployment .....................................231
NoticeRegardingFinancialInstitutions...............................232

NoticeRegardingTaxpayers........................................233

NoticeRegardingI.R.S.FormW-4 ..................................234

PublicLawNotice................................................235

ContractwithCreditReportingAgency...............................236

LetterstotheBanker..............................................237
FirstResponsetoAccountRejection ...........................237
SecondResponse PrivacyActNotice .........................238
SecondResponse CompliancewithLaw.......................239

Rescindyour
SocialSecurityNumber...............................................241
TheSocialSecurityAdministrationisnotAuthorizedtoRescindaNumber ..241
TheRecessionScam..............................................242
RequestforWithdrawalofApplication .........................242
TheApplicationisnotBinding................................246
TerminationoftheAgreement................................246
WhoseNumberisitAnyway .......................................247
PropertyoftheSocialSecurityAdministration ...................248

ThePrivacyLaws.....................................................251
Policy Manual
vi
Preface

Most Americans' are so accustom to the social security number that they simply a
ssume
that having a social security number is a legal requirement to being American. A
t every turn
American's are challenged to provide a social security number. You need a social
security
number for school, insurance, employment, banking, credit and a driver's license
; even your
dentist or doctor is likely to ask you for a social security number. Yet million
s of natural born
Americans do not have social security numbers. They do not have a social securit
y number
because they don't want one and, to the surprise of most Americans' they are not
required
to have one!
According to the Social Security Administration there is no law requiring a pers
on to have
a social security number to live and work in the United States, nor is there any
law requiring
a person to have a social security number simply for the purpose of having one.
The simple
fact is that there is no law requiring anybody to obtain, have or use a social s
ecurity number.
There are, however, many laws defining the use and application of social securit
y numbers
when a person chooses to use one. There are also several laws that protect peopl
e against
discrimination when they choose not to use a social security number.
The incorrect assumption by most Americans that there must be a law requiring th
em to
have a social security number has lead to many misunderstandings and in many cas
es lost
opportunities. Many bankers have unnecessarily turned away good potential custom
ers and
many employers have turned away excellent workers because their policy improperl
y
discriminates against unenumerated individuals. Too often this discrimination ha
s lead to
unnecessary litigation and additional losses to the businesses.
This manual provides information and guidelines for businesses, bankers, employe
rs and
individuals for legally and properly dealing with people who choose not to use a
social
security number. This manual also discusses the legal requirements associated wi
th using
social security numbers and many of the forms that request a number.
Policy Manual
What You Will Learn

While reading this manual, you will learn the answers to the following issues:

How has tens-of-thousands of Americans quit Social Security and stopped paying
social security taxes?
Does the law require an employee to have a social security number?
Does the law require an employer to sign an I.R.S Form W-4, Employee Withholding
Allowance Certificate?
Does the law require an American to get a social security number?
Does the law require an American to obtain a social security number for their ch
ild?
Is it possible to vote, open a bank account, drive a car, buy and sell property,
ect.,
without a social security number?
What Does That Mean

Are You Really Required to a have Telephone

Number?
Based upon the following review of several federal laws we might conclude that m
ost
Americans are required, by law, to have a telephone number.
29 USC §213 requires that employers and employees shall provide the name, telephone
number, and address of the employer and the name, telephone number, and address
of the
employee.
As a passenger on any commercial airline, Federal law 49 USC 44909 requires that
the
passenger manifest shall include the name and telephone number of a contact for
each passenger.
USC §1603 requires that individual who register as lobbyists shall contain the name
,
address, business telephone number.
42 USC §666 states that each party to any paternity or child support proceeding is
required
to include social security number, residential and mailing addresses, telephone
number,
driver's license number, and name, address, and telephone number of employer;
11 USC Rules Form 1 requires a debtor not represented by an attorney to provide a
telephone number.
26 USC Rule 24 states that any person who wishes to represent himself without co
unsel
shall state, in the initial pleading such person's name, address, and telephone n
umber.
USC §104A states that the owner of a copyright who files a Notice of Intent to Enf
orce a
Restored Copyright shall include an address and telephone number at which the own
er
may be contacted.
28 USC Rule 26 states that each witness at a Pretrial Disclosure shall provide to
other
parties the name, address and telephone number of each witness,
26 USC Rule 241 states that the petitioner for an action for readjustment of par
tnership shall
contain the signature, mailing address, and telephone number of each petitioner.
26 USC Rule 34 states that the petitioner for an action for deficiency or liabil
ity actions: The
petition in a deficiency or liability action shall contain the signature, mailing
address, and
telephone number of each petitioner
26 USC Rule 291 states that the petitioner for an action for redetermination of
employment
status shall contain the signature, mailing address, and telephone number of each
petitioner
26 USC Rule 281 states that the petitioner for an action for review of failure t
o abate interest
shall contain the telephone number of each petitioner
26 USC Rule 271 states that the petitioner for an action for administrative shall
contain the
signature, mailing address, and telephone number of each or each petitioner's co
unsel.
Policy Manual
26 USC Rule 221 states that petitioner for a disclosure action shall include the
telephone
number of the petitioner or the petitioner's counsel.
26 USC §6104 states that certain exempt organizations shall state the address and t
he
telephone number of the private foundation's principal office and the name of it
s principal
manager.
Therefore, based upon that review, and the understanding that the word shall is
generally
the same thing as an imperative or mandatory requirement having somewhat the sam
e
meaning as the word must, then phrases such as, shall provide, shall include, sh
all contain
and shall state makes it pretty obvious that the individual affected by these la
ws must have a
telephone number.
29 USC §213 requires all employers and employees to have a telephone number.
49 USC §44909 requires passengers on a commercial flight to have friends who have
telephone numbers.
42 USC §666 requires everybody to have a telephone number (Okay, I admit this migh
t
be stretching things here but no, because this is the same law that the States a
re claiming
requires them to demand your social security number when getting a driver slicense
.)
26 USC §24 requires that anyone representing themselves in tax court must have a
telephone number.
17 USC §104A prohibits you from restoring your copyright without a telephone numbe
r.
28 USC Rule 26 prohibits you from being a witness if you don't have a telephone
number.
26 USC Rule 241 requires individuals to have a telephone number before they can
enter
into a partnership.
So, certainly based upon this understanding of the law, we should logically conc
lude that
individuals who wish to become employers, employees, friends of airline passenge
rs, or
everybody (because men and women could possibly become involved in a paternity s
uit) is
required to obtain, have and use their telephone number Either that, or we need
to
reevaluate the legal meaning of the word shall.
A Brief Glossary
Weasel-word a word that has the appearance and feel of meaning one thing while
actually meaning something entirely different.
The Meaning of the Word shall
Black s Law Dictionary defines the meaning of the word shall as:
Shall. As used in statutes, contracts, or the like, this word is generally imper
ative or
mandatory. The word in ordinary usage means must and is inconsistent with a concep
t of
discretion. But it may be construed as merely permissive or directory (as equiva
lent to
may )
What Does That Mean
The word shall is a key word in many statutes, leading many readers to assume th
at it has
a similar meaning to the word must. However, based upon the above telephone logic
, most
of you are probably thinking that the word shall might actually be similar to th
e word may or
the word should. When we examine the following five court rulings, we begin to u
nderstand
that it really does mean may in most cases:
The word shall in a statute may be construed to mean may particularly on the order t
o
avoid constitutional doubt. Fort Howard Paper Co. v. Fox River Heights Sanitary
District,26
NW 2nd 661.
If necessary, to avoid unconstitutionality of a statute, shall will be deemed equi
valent to
may . Gow v. Consolidated Coppermines Corporation, 165 AT. 136.
Shall in a statute may be construed to mean may to avoid constitutional doubt. Georg
e
Williams College v. Village of Williams Bay, 7 NW2nd 891.
As against the government, the word shall when used in statutes is to be construed
as
may , unless a contrary intention is manifest. Cairo and Fulton R.R. Co. v. Hecht,9
5 US.
168.
The word shall in a statute may be construed as may where the connection in which it
is
used or the relation to which it is put with other parts of the same statute ind
icates that the
legislature intended that it should receive such construction. Ballou v. Kemp, 9
2 F. 2nd 556.
It is the opinion of the courts that if a statute specifies that a certain act s
hall be done, and
there is a question about whether or not it would be constitutional for the act
to be mandatory,
then the word shall takes on the permissive meaning rather than the mandatory on
e.
The First Amendment of the Constitution of the United States protects the freedo
m of
speech and of the press. You should understand that the freedom to speak, also i
nvolves the
freedom not to speak. If you do not have the right not to speak, (i.e., if the g
overnment
could compel you to speak) then you have no freedom of speech. Since this might
extends to
printed and written materials, you have a First Amendment Right not to fill out
government
forms and not to give the government information.
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiti
ng the free
exercise thereof; or abridging the freedom of speech, or of the press; or the ri
ght of the people
peaceably to assemble, and to petition the Government for a redress of grievance
s.
The Fourth Amendment of the Constitution of the United States protects your priv
acy.
You have a Fourth Amendment protected Right to keep your personal financial affa
irs
private, and not to voluntarily give that information to the government. The Fou
rth
Amendment provides that if the government wants to examine your books and record
s, a
court order must be obtained.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effec
ts, against
unreasonable searches and seizures, shall not be violated, and no Warrants shall
issue, but
upon probable cause, supported by Oath or affirmation, and particularly describi
ng the place
to be searched, and the persons or things to be seized.
Policy Manual
The Fifth Amendment of the Constitution of the United States protects you as wel
l,
stating:
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, un
less on a
presentment or indictment of a Grand Jury, except in cases arising in the land o
r naval forces,
or in the Militia, when in actual service in time of War or public danger; nor s
hall any person
be subject for the same offence to be twice put in jeopardy of life or limb; nor
shall be
compelled in any criminal case to be a witness against himself, nor be deprived
of life, liberty,
or property, without due process of law; nor shall private property be taken for
public use,
without just compensation.

The fifth amendment seems to apply only to criminal matters, but the Supreme Cou
rt ruled
in McCarthy v. Arndstein, 266 US. 34, that the fifth amendment applies alike to c
riminal and
civil proceedings. Similar rulings have stated:
There can be no question that one who files a return under oath is a witness with
in the
meaning of the Amendment. Sullivan v. United States 15 F. 2nd 809, and

The information revealed in the preparation and filing of an income tax return is
, for Fifth
Amendment analysis, the testimony of a witness as that term is used herein. Garner
v.
United States, 424 us. 648.
Thus, based on the constitutional issues presented above, the word shall must ha
ve the
permissive construction may, because the mandatory construction would violate th
e
Constitution; the supreme law of the land.
The effect of the government s actions has been noted by the Supreme Court:
Because of what appears to be a lawful command on the surface, many citizens, bec
ause of
their respect for what only appears to be law, are cunningly coerced into waving
their rights
due to ignorance U.S. v. Minker 350 US. 179, at 187.
The Meaning of the Word include
Another key word in many statutes is the word include. This is another word with
a double
meaning. The general population uses this word to infer that there is an additio
nal element to
our subject matter. For example, the statement The flight of the chicken includes
, among
other things a rather haphazard landing leads you to believe that besides unevent
ful airtime,
and an interesting landing, there is more to the total process of a chicken flyi
ng. Our thought
process does not exclude other happenings and seeks no closure to the subject.
However, the legal definition of the word includes describes the word as one of
limitation.
Black s Law Dictionary defines the meaning of the word include as:
Include. To confine within, hold as in an enclosure, take in, attain, shut up, c
ontain, inclose,
comprise, comprehend embrace, involve.
The term include, includes,or including, appears in many places within the Code.
It is
sometimes preceded or followed within a few words by another tricky double-talk
word:
shall.
What Does That Mean
The Meaning of the Word fail
Black s Law Dictionary defines the meaning of the word fail as:
Fail. Fault, negligence, or refusal.
That is, you fail to do something because you were lazy and forgot or because yo
u simply
refuse. You do not fail to do something because it is beyond your control. For e
xample, you
cannot fail to furnish a telephone number if you don t have a telephone.
So, What Does it Really Mean?
If the law says that you shall furnish your telephone number and you have a tele
phone
number, then you could furnish it. However, there is no expectation for you to f
urnish your
telephone number if you do not have a telephone and you have not failed to furni
sh that
which you do no have. If the law says that you shall include your name and addre
ss, you
would not interpret that to also include your telephone number. In the legal sin
ce the list
following the word include is the entire list of everything included; nothing el
se can be
interpreted to be added to the list.
The legal meaning of words are often given specific meaning within the confines
of a title
or section within the law, for example:
10 USC Sec. 101
TITLE 10 -ARMED FORCES
Subtitle A -General Military Law
PART I -ORGANIZATION AND GENERAL MILITARY POWERS
CHAPTER 1 -DEFINITIONS
Sec. 101. Definitions

(e) Rules of Construction. -In this title (

1) ''shall'' is used in an imperative sense;
(2) ''may'' is used in a permissive sense;
(3) ''no person may * * *'' means that no person is required, authorized, or per
mitted to do the
act prescribed;
(4) ''includes'' means ''includes but is not limited to''; and
It is also important to read these definitions carefully, because their usage is
often more
restricted than it first appears. A good example of this is found for the defini
tion for include
that is provided in the United States tax law in Title 26:
26 USC §7701. Definitions
(c) Includes and including
The terms includes and including when used in a definition contained in this title s
hall not
be deemed to exclude other things otherwise within the meaning of the term defin
ed.
We see that the word include has the intended usage that we expect from our comm
on
language. However, notice that this usage is restricted to when used in a definit
ion. That is
to say that when the word include is used only within the contents of a definiti
on for a word
Policy Manual
or term, then it has this special meaning; beyond that content that is, when the
word include
is used in anything else, it has the legal meaning that was defined above.
Pay particular attention to these words as you read the law. Now you should be a
ble to go
back and reread the telephone list at the beginning of this section and understa
nd clearly what
is being said. As a practice you should do that before proceeding.
Who s Bound by the Law
Many laws restrict or require something of Citizens, but the overwhelming majori
ty of
laws and regulations are written for the various government agencies. Citizens n
ever need
permission from the law to do a thing. Government agencies, however, must have e
xplicit
permission for each thing that they do. A state and federal agency cannot do any
thing that is
not explicitly authorized by law to do so is illegal. A government agency violat
es the law
when it does something that the People have not given it permission to do. In Am
erica,
People have rights, the government has permission.
The History of the
Social Security Number
The Federal Social Security Act (Pub. Law 74-271, August 14, 1935, 49 Stat. 620;
as
amended) is codified at 42 U.S.C. §§301-1399. The first mention of the social securi
ty
number in a law or regulation is a Bureau of Internal Revenue regulation dated N
ovember 5,
1936 where an identifying number, called an account number, was assigned to employ
ees
covered under the Act. T.D. 4704, 1 Fed. Reg. 1741, Nov. 7, 1936; 26 C.F.R. Part
401 (1st
ed., 1939). This regulation was issued pursuant to Section 807(b) of the Social
Security Act of
1935 and was not a mandatory requirement but simply a directory.
In the beginning there was little use of the social security number other than b
eing
required as an identifier for people receiving benefits under the unemployment c
ompensation
programs contained in the Act and administered by the States. Few Americans had
been
issued numbers by the 1940's because they were not receiving these benefits, and
few
organizations felt the need for a numeric identifier.
Although today, most people are under the impression that a social security numb
er is
required for more than just social security purposes, this is not the case and n
ever has been.
This impression came, in part, from the fact that in 1943, the Civil Service Com
mission
decided that there should be a numerical identification system for all Federal e
mployees and
proposed to the bureau of the budget that the use of the social security number
be authorized
for this purpose. This led to the issuance of Executive Order 9397, which provid
es, in part as
follows:
WHEREAS certain Federal agencies from time to time require in the administration
of their
activities a system of numerical identification of accounts of individual person
s; and;
WHEREAS it is desirable in the interest of economy and orderly administration th
at the
Federal Government move towards the use of a single, unduplicated numerical iden
tification
system of accounts and avoid the unnecessary establishment of additional systems
;
NOW, THEREFORE, it is hereby ordered as follows:
1. Hereafter any Federal department, establishment, or agency shall, whenever th
e head
thereof finds it advisable to establish a new system of permanent account number
s pertaining
to individual persons, utilize exclusively the Social Security Act account numbe
rs.
The order directed the Social Security Board (the predecessor agency of the Soci
al
Security Administration), to provide for the assignment of an account number to
any person
required by any Federal agency to have one, and to furnish the number, or the na
me and
identifying data, pertaining to any person or account number upon request of any
Federal
agency using the social security number for a numerical identification system of
accounts
under the order.
Policy Manual

The issuance of Executive Order 9397 in 1943, theoretically provided the basis f
or this
change in conception of the role of the social security number. This interpretat
ion was taken
from the wording of the order which speaks of the efficiency to be gained from a
single
system of accounts To interpret the order as applying to all kinds of Federal age
ncy
record systems was certainly beyond the meaning of its language.
In 1946 the Social Security Administration, complying with the provisions of the
Administrative Procedures Act of 1946 (Pub. Law 79-404, 60 Stat. 237), required
among
other things, uniformity, impartiality and fairness in the procedures employed by
federal
administrative agencies, issued and published in the Federal Register its regulat
ions on the
issuance and use of social security numbers. 20 C.F.R. § 422.1(ii) published at 11
F.R. 177A568,
September 11, 1946 provides:
(ii) Any person who wishes to file an application for an account number may do s
o by filing
Form SS-5.
In 1961 the Internal Revenue Service began
using the social security number for taxpayer
identification by an amendment to the
Internal Revenue Code (Pub. Law 87-397, 75
Stat. 828, Internal Revenue Code of 1954,
Sec. 6109), that authorized the Secretary of
the Treasury to request that each person
making a return, statement, or other
document under the Internal Revenue Code
to include such identifying number as may
be prescribed for securing proper
identification of such person.
In a decision dated April 16, 1964, the Commissioner of Social Security approved
the
issuance of social security numbers to pupils in the ninth grade and above, if a
school
requests such issuance and indicates willingness to cooperate in the effort. The
Social
Security Administration Claims Manual explains that this decision was made to
accommodate requests from school systems desiring to use the social security numb
er for
both automatic data processing and control purposes, so that the progress of pup
ils could be
traced throughout their school lives, across district, county, and state lines. T
he school
enumeration program, however, is entirely voluntary.
In June 1965 the Commissioner of Social Security authorized the issuance of a so
cial
security number to every recipient of State old-age assistance benefits who did
not already
have one, in order to establish a more efficient process for exchange of informa
tion between
these agencies and the Social Security Administration.
The Congress, in Section 137 of the Social Security Amendments of 1972 (Pub. Law
92603,
86 Stat. 1329, 42 U.S.C. § 405(c)(2)(B)(I)(II)), requires the Secretary of the Dep
artment
of Health, Education and Welfare (the predecessor agency of the Department of So
cial and
Human Services) to take affirmative measures to issue social security numbers to
any
individual who is an applicant for or recipient of benefits under any program fi
nanced in
whole or in part from Federal funds including any child on whose behalf such ben
efits are
The History of the Social Security Number
claimed by another person. The quoted language of this requirement appears to cal
l for the
issuance of a social security number to virtually everyone in America who did no
t already
have one, but the legislative history clearly indicates that such universal enum
eration was not
intended.
Under the 1972 amendments, all members of Aid for Families with Dependent Childr
en
(AFDC) households, including children, are required to furnish their social secu
rity number
in order to qualify for benefits. See 42 U.S.C. § 602(a)(25) (1976). This statutor
y scheme has
since been amended, although the social security number requirement has been ret
ained in
virtually identical form. See Deficit Reduction Act of 1984, Pub. Law 98-369, § 26
51(a), 98
Stat. 1147. If they do not have a social security number, they must apply for th
em. See 45
C.F.R. § 232.10(f) (1973). This regulatory requirement was upheld in Chamber v. Kl
ein, 419
F. Supp. 569 (D.C.N.J. 1976) which ruled that requiring social security numbers
as one
condition for receiving aid (AFDC) did not violate any constitutionally protecte
d right to
privacy.
In April 1974 it was decided that participating States could enumerate Medicaid
recipients
in addition to AFDC beneficiaries.
Under the Tax Reform Act of 1976 (Pub. Law 94-455, 90 Stat. 1520), states are au
thorized
to require social security numbers as identifiers for state programs, including
general public
assistance. See 42 U.S.C. § 405(c)(2)(C).
In addition, since 1980, social security numbers are an eligibility requirement
for many
food stamp household members. See 7 U.S.C. § 2025(e).
From this review of the Federal actions (which is far short of an exhaustive lis
t) it is clear
that the Federal government itself has been in the forefront of expanding the us
e of the social
security number. But it is also clear that the enumeration of individuals under
the Social
Security Act was intended to be limited to those receiving Federal entitlements.
The
requirement for and the use of the social security number in connection with the
se federal and
state administered welfare programs enhances the program s efficiency and helps to
reduce
the tremendous problems of mispayment of benefits by the agencies involved with
the
administration of these programs. See Callahan v. Woods, 736 F.2d 1269, 1274 (9t
h Cir.
1984).
With increasing demands being placed on individuals to furnish a social security
number
in circumstances when use of the number is not required by Federal law or regula
tion, the
Congress in 1974 passed the Privacy Act of 1974 (Pub. Law 93-579, 88 Stat. 1896;
as
amended). Section 7 of Pub. Law 93-579 provides:
(a)(1) It shall be unlawful for any Federal, State, or local governmental agency
to deny to any
individual any right, benefit, or privilege provided by law because of such indi
vidual's refusal
to disclose his social security account number.
The relevance of this Act is simply that it highlights the importance of privacy
interests
associated with social security information. Cf. Wolman v. United States, 501 F.
SUPP. 310
(D.C.D.C. 1980), remanded 675 F.2d 1341 (D.C. Cir. 1982), vacated on other groun
ds, 542
F. SUPP. 84 (D.C.D.C. 182) (Section 7 of the Privacy Act was intended, the Distr
ict Court
found, to block indiscriminate governmental use of social security information a
s the
Policy Manual
universal identifier. )See United States v. Two Hundred Thousand Dollars in U.S.
Currency, 590 F. SUPP 866 (S.D. Fla. 1984).
The Privacy Act makes it unlawful for any person to require an individual to dis
close or
furnish a social security number for any purpose, unless the disclosure or furni
shing the
number was specifically required under federal law.
In enacting Section 7, Congress sought to curtail the expanding use of social se
curity
numbers by federal and local agencies and, by so doing, to eliminate the threat
to individual
privacy and confidentiality of information posed by common numerical identifiers
. See S.
Rep. No. 1183, 93rd Cong., 2nd. Sess., reprinted in [1974] U.S. Code Cong. & Adm
in. News,
pp. 6916, 6944. Underlying this legislative effort was the recognition that wide
spread use of
a standard identification number in collecting information could lead to the est
ablishment of
a national data bank or similar informational system, which could store data gat
hered about
individuals from many sources and facilitate government surveillance of its citi
zens. Id. at
6944-45, 6957. It was anticipated that as the use of the social security number
proliferated,
the incentive to consolidate records and to broaden access to them by other agen
cies of
government would, in all likelihood, correspondingly increase. Id. at 6945. Thus
, Congress
saw a need for federal legislation to restore to the individual the option to re
fuse to disclose
his social security number without repercussions, except in specifically delinea
ted
circumstances outlined in section 7(a)(2).
Since its passage in 1974, the Federal courts have ruled the Privacy Act applies
equally to
the private sector. Their requests for social security numbers must conform to t
he disclosure
requirements of the Privacy Act. Yeager v. Hackensack Water Co., 615 F. SUPP. 10
87,
(D.C.N.J. 1985).
Since the passage of the Privacy Act, a State cannot use the lack of a social se
curity
number in any adverse way against anyone, unless required under federal law. A S
tate cannot
make something which is voluntary under federal law, mandatory.
The plain language of the Federal Social Security Act, its legislative history,
regulations,
and the relevant decisional precedents makes it clear that there is simply not a
requirement
that an individual must obtain and disclose a social security number, unless the
y receive
federal welfare benefits and the disclosure of the number is required under appl
icable federal
law.
The History of the Social Security Number
There is no law requiring a person to obtain, have or use a social security numb
er to live or
work in the United States.
Policy Manual
6
Employment Issues

Since federal law does not require any individual to apply for and accept any fe
deral
benefits, let's now examine whether (1) federal law requires every employee to h
ave a social
security number in order to work, and (2) a social security number is required i
n order for an
employer to meet all tax filing and reporting requirements under state and feder
al law.
The two primary issues that lead employers to believe that each of their employe
es must
have valid social security number are the I.N.S. (From I-9) and the I.R.S. (Form
W-4).
Employment Eligibility Verification
The passage of the Immigration Reform and Control Act of 1986 (IRCA) sought to
prevent illegal immigrants, principally from Mexico and other Hispanic countries
, from
finding work in the United States. This was done by imposing civil and criminal
penalties
against employers who knowingly hired such workers. As a result there has been a
movement
toward requiring every American to have a national identification card -or a wor
k permit
issued by a federal bureaucracy.
However it is a well-settled principle of American Constitution Law, that every
member
of a community has a right to enjoy a free labor market, to have a free flow of
labor for the
purpose of carrying on the business in which he has chosen to embark. This right
is not
merely an abstract one; it is one recognized as the basis of a cause of action w
here there is an
unlawful interference with it. Specifically, laborers have a right to a free and
open market in
which to dispose of their labor, or a right to a free access to the labor market
for the purpose
of maintaining or increasing the incorporeal value of their capacity to labor. A
laborer has the
same right to sell his labor as any other property owner.
Labor is deemed to be property, especially within the meaning of constitutional
guaranties. Thus, the right to acquire property includes the right to acquire pr
operty by labor.
Since the right to labor is protected by the Constitution and numerous guarantie
s of state
constitutions, one cannot be deprived of such right by arbitrary mandate of the
state
legislatures and/or by the Federal government.
In Patton v. Bellingham, 179 Wash. 566, 38 P.2d 364 (1937), the Washington Supre
me
Court reaffirmed the principle of law that labor is a right of property by decla
ring:
 The right to labor or earn one's livelihood in any legitimate field of industry o
r business is a
right of property, and any unlawful or unreasonable interference with or abridgm
ent of such
right is an invasion thereof, and a restriction of the liberty of the citizen as
guaranteed by the
Constitution. Yee Gee v. City and County of San Francisco, 235 Fed. 757, 759.
Policy Manual
Any national legislation establishing a Federal Work Permit or National Identify
Card,
utilizing a social security number as a condition for obtaining employment in th
e United
States, seeks only to deprive Americans of a fundamental freedom-the right to ea
rn a living.
Since the right to labor and to its protection from unlawful interference is a c
onstitutional, as
well as a common-law right, and since man has a natural right to the fruits of h
is own
industry regardless of governmental demands, any legislation passed by Congress
requiring
every employer to verify an employee's social security number before commencing
work,
would not be intended for controlling immigration, but passed solely for the pur
pose of
destroying rights and the principles of freedom and justice upon which the Const
itution rests
which is probably why no such law exist.
Internal Revenue Service Requirement
Today it is common for an employer to require a social security number from an
employee, under the mistaken belief that unless the employee had a social securi
ty number,
the employer would be in violation of Internal Revenue Regulations and subject t
o numerous
penalties. The employee is notified that unless they obtain a social security nu
mber, they will
be terminated.
However, the Internal Revenue Code and regulations do not contain an absolute
requirement that an employer must provide an employee's social security number t
o the
Internal Revenue Service. 26 USC §6109(a)(3) provides:
Any person required under the authority of this title to make a return, statemen
t or other
document with respect to another person, shall request from such other person, a
nd shall
include in any return statement, or document, such identifying number as may be
prescribed
for securing proper identification of such other person. 26 USC §6109(a)(3)
The IRS regulation interpreting 26 CFR §6109 provides:
If he does not know the taxpayer identifying number of the other person, he shal
l request
such number of the other person. A request should state that the identifying num
ber is
required to be furnished under the authority of law. When the person filing the
return,
statement, or other document does not know the number of the other person, and h
as
complied with the request provision of this paragraph, he shall sign an affidavi
t on the
transmittal document forwarding such returns, statement, or other documents to t
he Internal
Revenue Service so stating. 26 CFR §301.6109-1(c).
The applicable Federal statute and regulation place a duty on the employer to req
uest a
taxpayer identifying number from the employee. If any return, statement, or othe
r document
must be furnished to the Internal Revenue Service and the employer has been unab
le to
obtain an identifying number from the employee, after requesting the number, the
n the
employer need only to include on the transmittal document forwarding such return
s,
statements, or other documents, an affidavit stating that the request for the nu
mber was made.
Until December 1989, 26 U.S.C. §6676 (1989), set forth the penalties for failing t
o supply
the Internal Revenue Service with the identifying number. This section states th
at a $50.00
penalty will be imposed for failure of an employer to provide an identifying num
ber on any
Employment Issues
document filed with the Internal Revenue Service unless it is shown that the fai
lure is due to
reasonable cause and not willful neglect. The regulation interpreting the statut
e provides:
Under Section 301.6109-1(c) a payer is required to request the identifying numbe
r of the
payee. If after such a request has been made, the payee does not furnish the pay
er with his
identifying number, the penalty will not be assessed against the payer.
The Omnibus Budget Restoration Act of 1983 (Pub. Law 101-239, Title VII, Section
7711(b)(1)), repealed Section 6676 of the Internal Revenue Code effective for st
atements or
documents filed after December 31, 1989. Since December 31, 1989, Code Section 6
723 has
governed the failure to comply with information reporting requirements. Section
6723
provides that a penalty of $50.00 shall be assessed for each failure to comply w
ith a reporting
requirement. However, 26 USC §6724, provides for a waiver of any penalties assesse
d under
the code upon a showing of reasonable cause. Section 6724(a) provides:
No penalty shall be imposed under this part with respect to any failure if it is
shown that such
failure is due to reasonable cause and not willful neglect. 26 USC §6724(a).
Therefore, the Code and regulations mandate a payer only to request the identify
ing
number of the employee or payee. If after such a request has been made, the paye
e does not
furnish the payer with his identifying number, the penalty will not be assessed
against the
payer, upon the filing of an affidavit with the Internal Revenue Service stating
that a request
for the payee's identifying number was made.
How to Hire an Unenumerated Employee
Most employers believe that they are required by law to obtain a social security
number
from each employee. Additionally the advice from the employer s attorney or accoun
tant
usually reinforces this opinion; often the advice further suggests they should t
erminate the
employee in question. However, closer examination of the law and regulation is p
rudent.
Each American, enumerated or not, has broad, legally protected rights. Violating
a
person s rights can lead employers into serious legal and financial problems andin
some
cases, even jail. Be certain that your decision to terminate an unenumerated emp
loyee is
based on competent legal advice from an attorney who can represent you in court.
Getting
legal advice from an accountant is unwise. Additionally, employers also need to
recognize
that the Internal Revenue Service will not appear in court on their behalf even
when they
advise terminating an unenumerated employee.
According to the Constitution of the United States, only Congress can make law.
Laws
become codified into the United State Code books after they pass through and are
finally
signed by our President. Often, Congress delegates authority to various departme
nts to create
regulations for implementing these laws. These regulations are codified into the
United
States Code of Federal Regulations.
Policy Manual
Complying with Internal Revenue Service Requirements
The law, 26 USC §6109(d) stipulates that when an individual s identifying number is
specified (or used) by the Internal Revenue Service (IRS), the identifying numbe
r will be the
social security number that was assigned to that individual by the Social Securi
ty
Administration. Specifically, the law says:
(d) Use of social security account number
The social security account number issued to an individual for purposes of secti
on
205(c)(2)(A) of the Social Security Act shall, except as shall otherwise be spec
ified under
regulations of the Secretary, be used as the identifying number for such individ
ual for
purposes of this title. 26 USC §6109(d)
According to the Internal Revenue Service, employers are required to ask an empl
oyee for
a social security number and record the number if it is available or make a nota
tion
unknown if the number is not available. There is no legal requirement that an empl
oyee
have a social security number nor is there a requirement that the employer obtai
n a social
security number from an employee.

Figure 1: Example of I.R.S. s Intimidating and Fraudulent Response

Employment Issues
The regulation, 26 CFR §31.6011(b), specifically, §6011(b)-2 discusses employee
account numbers and delineates the process employees and employers should go thr
ough to
collect the proper number. This section also discusses how an employee who does
not have
or know the number may obtain a social security number should they wish to do so
. The
section also discusses the employer s obligation to assist an employee in applying
for a social
security number. But the section does not require an employee who has not been i
ssued a
social security number, because they do not want a social security number1, to o
btain one.
This section is sometimes referred to when a legal department is trying to say t
hat
employees are required by law to have a social security number. Specifically, th
ey will quote
26 CFR §31.6011(b)-2(b)(iv), which reads:
26 CFR §31.6011(b)-2(b)(iv)
(b) Duties of employee with respect to his account number
(iv) Employee who is unable to furnish number or receipt. If an employee is unab
le to comply
with the requirement of paragraph (b)(1)(i), (ii), or (iii) of this section, the
employee shall
furnish to the employer a statement in writing, signed by the employee, setting
forth the date
of the statement, the employee's full name, present address, date and place of b
irth, father's
full name, mother's full name before marriage, and the employee's sex, including
a statement
as to whether the employee has previously filed an application on Form SS-5 and,
if so, the
date and place of such filing. The information required by this subdivision shal
l be furnished
on Form SS-5, if a copy of Form SS-5 is available. The furnishing of such a Form
SS-5 or
other statement by the employee to the employer does not relieve the employee of
his
obligation to make an application on Form SS-5 and file it with a district offic
e of the Social
Security Administration as required by paragraph (a) of this section. The forego
ing provisions
of this subdivision are not applicable to an employee engaged exclusively in the
performance
of domestic service in a private home of his employer not on a farm operated for
profit, or in
the performance of agricultural labor, if the services are performed for an empl
oyer other than
an employer required to file returns of the taxes imposed by the Federal Insuran
ce
Contributions Act with the office of the United States Internal Revenue Service
in Puerto Rico.
However, such employee shall advise the employer of his full name and present ad
dress.
The wording of this portion of code can be a bit confusing. Certainly phrases su
ch as,
shall furnish to the employer do appear to mandate the requirement. However, this
portion of code belongs to a section regarding the duties of an employee with res
pect to his
account number ; that is, it is written for an employee who either doesn t remember
his
account number, or is not sure if an account number has been assigned and wants
to obtain a
number if one has not been assigned. This section of code does not require an em
ployee, who
does not wish to obtain a social security number, to obtain one. Additionally, n
ote the use of
the permissive term shall (see page x).
However, employers are not relieved of the requirement of asking an employee for
a
social security number, simply because an employee does not have or wish to obta
in a social
security number. Specifically, 26 CFR §6011(b)-2(c) requires an employer to do one
or more
of the following six things when attempting to obtain an employee s social securit
y number.
1. Note the employer is expected to assist an employee who wishes to obtain a so
cial security number.
However, some employees may not want a social security number this regulation do
es not require an
employer to assist those employees who do not wish to obtain a social security n
umber.
Policy Manual
Table 1 The Duties of Employer
Condition Employer Must
1. Employee shows account number Employer shall enter the account number and
name, exactly as shown on the card.
2. Employee does not show account
number card
Employer shall comply with the following:
i Employee has not applied for account
number
Employer shall inform the employee [to get a
card]
ii Employee has account number Employer shall enter it in his records
iii Employee has a receipt for application Employer shall enter it in his record
s
iv Employee furnishes Form SS-5 or
statement
Employer shall retain [a copy] of such
information
v Employee is a household or
agricultural worker
Employer shall enter their name and
address.
Employment Issues

26 CFR §6011(b)-2(c)(6) provides that employers are not required to ask prospectiv
e
employees for a social security number, but instead suggests that an employer sh
ould ask:
(6) Prospective employees. While not mandatory, it is suggested that the employe
r advise
any prospective employee who does not have an account of the requirements of par
agraph
(a) and (b) of this section. 26 CFR §6011(b)-2(c)(6)
TheLawProtectstheEmployer
Federal law requires employers to request a social security number from payees,
employees or contractors. There is no federal law actually requiring this disclo
sure as a
Policy Manual
condition of employment or contract and there is no penalty for failing to obtai
n this
disclosure. 26 CFR 301.6109-1(c) prescribes the procedures that an employer must
follow.
This regulation requires a payor to request disclosure of the identifying number
. If disclosure
is refused, a second request must be made, stating that disclosure is required b
y federal law,
even though it is not required by federal law. If disclosure is refused a second
time, the payor
must attach an affidavit to any forms needing the social security number, statin
g that the
requirements for requesting disclosure have been met.
No federal or state law imposes any penalty for not obtaining disclosure of a so
cial
security number as a condition of employment.
26 USC §6723 provides that a penalty of $50.00 shall be assessed for each failure
to
comply with a reporting requirement. However, 26 USC §6724, provides for a waiver
of any
penalties assessed under the code upon a showing of reasonable cause. Section 67
24(a)
provides:
No penalty shall be imposed under this part with respect to any failure if it is
shown that such
failure is due to reasonable cause and not willful neglect. 26 USC §6724(a).
Employment Issues
Therefore, it is prudent that a business develop proof that it has complied with
its
requirement to ask an employee for, and was unable to obtain, a social security
number. The
following form (or similar) should be given to the employee for his signature:
Form P-1 Reasonable Cause Affidavit by Payor
For Not Obtaining Payee s Identifying Number
 Release From Penalty 26 U.S.C. §6724(a)
Employer s/Payor s name and address Zip Construction, Inc., 1865 Tully Road,
San Jose, Calif., 95134
Employer identification number
57 0631823
Employer/Payor statement:
I _______________________________, being an officer of _________________________
____________,
hereby state that I have asked for the identifying number of the employee/payee,
_____________________________________ who has declined to provide an identifying
number. I am filing
John McGuire Zip Construction, Inc.

Tom Brokaw

this affidavit in accordance with 26 USC 6724, waiver of penalty (26 USC 6724(a)
) assessed under the code
upon a showing of reasonable cause, and Treasury Regulation 301.6109-1(c).
I certify that the information stated here is correct and that I asked the emplo
yee/payee for a taxpayer ID
number (Social security number) and that the employee/payee declined to provide
such number.
Employer/Payor signature

John McGuire John McGuire Date

9/21/99
Employee/Payee information
Type or print employee/payee first name and initial Last name Social security nu
mber (write None if you do not have a SSN or
Declined if you do not wish to provide a SSN)
Home address (number and street or rural route) Employee/payee statement:
I ____________________________________ have
declined to provide an identifying number to my
employer/payor, __________________________. City or town, State and ZIP code
Tom Brokaw
3672 Herman Road
Santa Cruz, Calif.
Tom Brokaw
Zip Construction, Inc.
DECLINED
I certify that the information stated here is correct and the employer/payor did
ask me for a taxpayer ID
number (social security number) and that I declined to provide such number.
Employee/payee signature
9/21/99

Tom Brokaw Tom Brokaw

Date

26 USC §6724, waiver of penalty (26 USC §6724(a)) assessed under the code upon a sho
wing of reasonable cause, and Treasury
Regulation 301.6109-1(c) Treasury Regulation 301.6109-1(c) provides: .... When t
he person filing the return statement, or other document
does not know the SSN of the other person, and has complied with the request pro
vision of this paragraph, he shall sign an affidavit on
the transmittal document forwarding such returns, statements, or other documents
to the Internal Revenue Service so stating. A payor
is required to request the identifying number of the payee. If after such reques
t has been made, the payee does not furnish the payor with
an identifying number, the penalty ($50.00) will not be assessed against the pay
or, if it is shown that such failure is due to reasonable
cause and not willful neglect. [See also 26 USC §6724, waiver of penalty (26 USC §67
24(a)) assessed under the code upon a showing
of reasonable cause.]
Public Domain Privacy Form P-1 (02) 1999
An employer should attach a copy of this completed form to your business tax ret
urn.
Complying with Internal Revenue Service Form W-4
Most employment policies require that each employee complete an Internal Revenue
Service Form W-4 before the employee can begin work. They incorrectly believe th
at 26
USC §3402 requires every employee to complete a Form W-4. Specifically, they refer
to the
notice on the lower-back of the Form, 26 USC §3402(f)(2)(A):
26 USC §3402. Income tax collected at source
(a) Requirement of withholding
(1) In general
Except as otherwise provided in this section, every employer making payment of
wages shall deduct and withhold upon such wages a tax determined in accordance
with
Policy Manual
(f) Withholding exemptions
(2) Exemption certificates
(A) On commencement of employment on or before the date of the commencement of
employment with an employer, the employee shall furnish the employer with a sign
ed
withholding exemption certificate relating to the number of withholding exemptio
ns
which he claims, which shall in no event exceed the number to which he is entitl
ed.
This requirement is implemented in regulation at 26 CFR §31.3402(f)(2)-1:
26 CFR §31.3402(f)(2)-1 Withholding exemption certificates.
(a) On commencement of employment. On or before the date on which an individual
commences employment with an employer, the individual shall furnish the employer
with a
signed withholding exemption certificate relating to his marital status and the
number of
withholding exemptions which he claims, which number shall in no event exceed th
e number
to which he is entitled, or, if the statements described in Sec. 31.3402(n)-1 ar
e true with
respect to an individual, he may furnish his employer with a signed withholding
exemption
certificate which contains such statements. For form and contents of such certif
icates, see
Sec. 31.3402(f)(5)-1. The employer is required to request a withholding exemptio
n certificate
from each employee, but if the employee fails to furnish such certificate, such
employee shall
be considered as a single person claiming no withholding exemptions.
Now that we have outlined the basic Internal Revenue Service requirement, let s lo
ok a
little closer at what is being stated:

Notice that 26 USC §3402(a)(1) defines the application of this section by stating:
Except as otherwise provided in this section .
Notice that 26 CFR §31.3402(f)(2)-1 states that The employer is required to request
a
withholding exemption certificate from each employee, but if the employee fails
to
furnish such certificate .
The phrase if the employee fails to furnish such certificate, means that an
employee may decline to provide the Form W-4. (Note that it also states: such
employee shall be considered as a single person claiming no withholding
exemptions. we ll discuss this shortly.)
Understand that if the Form W-4, Employee s Withholding Allowance Certificate were
absolutely required from each employee if it were, without exception an absolute
legally
required mandate then why is the employer required to ask for it and why must th
e
employee furnish it. If it were clearly required the law would simply direct the
 employer to
do the withholding without exceptions.
This argument usually continues with the assertion that the regulation also prov
ides that
such employee shall be considered as a single person claiming no withholding exem
ptions.
But the counter to this assertion is to clarify what is written here. The phrase
shall be
considered as does not authorize the actual withholding of money, it simply tells
the
employer how to think about this person. The authorization for withholding comes
only with
a properly completed and signed Form W-4 agreement.
Employment Issues
The Form W-4 is a Voluntary Withholding Agreement
The reason that an employee might fail to furnish such certificate is that 26 USC
§3402(a)(1), which defines the application of this entire section, states: Except a
s otherwise
provided in this section . While reading further on in the section we find the othe
rwise
provided is explained in 26 CFR §31.3402(p)-1 where it explains that the Form W-4 i
s a
voluntary withholding agreement and its completion is not required by law.
26 CFR §31.3402(p)-1 Voluntary withholding agreements.
(a) In general. An employee and his employer may enter into an agreement under s
ection
3402(b) to provide for the withholding of income tax upon payments of amounts de
scribed in
paragraph (b)(1) of Sec. 31.3401(a)-3, made after December 31, 1970. An agreemen
t may be
entered into under this section only with respect to amounts which are includibl
e in the gross
income of the employee under section 61, and must be applicable to all such amou
nts paid by
the employer to the employee. The amount to be withheld pursuant to an agreement
under
section 3402(p) shall be determined under the rules contained in section 3402 an
d the
regulations thereunder. See Sec. 31.3405(c)-1, Q&A-3 concerning agreements to ha
ve more
than 20-percent Federal income tax withheld from eligible rollover distributions
within the
meaning of section 402.
(b) Form and duration of agreement. (1)(i) Except as provided in subdivision (ii
) of this
subparagraph, an employee who desires to enter into an agreement under section 3
402(p)
shall furnish his employer with Form W-4 (withholding exemption certificate) exe
cuted in
accordance with the provisions of section 3402(f) and the regulations thereunder
. The
furnishing of such Form W-4 shall constitute a request for withholding.
(ii) In the case of an employee who desires to enter into an agreement under sec
tion
3402(p) with his employer, if the employee performs services (in addition to tho
se to be the
subject of the agreement) the remuneration for which is subject to mandatory inc
ome tax
withholding by such employer, or if the employee wishes to specify that the agre
ement
terminate on a specific date, the employee shall furnish the employer with a req
uest for
withholding which shall be signed by the employee, and shall contain(
a) The name, address, and social security number of the employee making the requ
est,
(b) The name and address of the employer,
(c) A statement that the employee desires withholding of Federal income tax, and
applicable, of qualified State individual income tax (see paragraph (d)(3)(I) of
Sec.
301.6361-1 of this chapter (Regulations on Procedures and Administration)), and
(d) If the employee desires that the agreement terminate on a specific date, the
date of
termination of the agreement.
If accepted by the employer as provided in subdivision (iii) of this subparagrap
h, the
request shall be attached to, and constitute part of, the employee's Form W-4. A
n employee
who furnishes his employer a request for withholding under this subdivision shal
l also
furnish such employer with Form W-4 if such employee does not already have a For
m W-4
in effect with such employer.
Policy Manual
(iii) No request for withholding under section 3402(p) shall be effective as an
agreement
between an employer and an employee until the employer accepts the request by
commencing to withhold from the amounts with respect to which the request was ma
de.
(2) An agreement under section 3402 (p) shall be effective for such period as th
e employer
and employee mutually agree upon. However, either the employer or the employee m
ay
terminate the agreement prior to the end of such period by furnishing a signed w
ritten
notice to the other. Unless the employer and employee agree to an earlier termin
ation date,
the notice shall be effective with respect to the first payment of an amount in
respect of
which the agreement is in effect which is made on or after the first ``status de
termination
date'' (January 1, May 1, July 1, and October 1 of each year) that occurs at lea
st 30 days
after the date on which the notice is furnished. If the employee executes a new
Form W-4,
the request upon which an agreement under section 3402 (p) is based shall be att
ached to,
and constitute a part of, such new Form W-4.
Employers who hire employees who do not have social security numbers need to adj
ust
their policy because the Internal Revenue Service withholding policy requires em
ployees
who complete this form to provide a taxpayer identification number (TIN) or soci
al security
number.

The Form W-4 becomes a binding withholding agreement when it is completed by an

employee and accepted by the employer. Once an employee volunteers to enter into
a
withholding agreement with an employer, and the employer accepts that agreement,
then the
employer becomes legally obligated to withhold and pay the taxes due. There is n
o legal
authority to withhold nor is there any other obligation in the absence of this a
greement.
Although there is no law, employers should advise employees who do not complete
a
Form W-4 that they will be responsible for paying any due taxes. These employees
should be
asked to sign a statement, such at the following, showing that they do not wish
to enter a
Employment Issues
voluntary withholding agreement and that they understand that they lose their en
titlement to
certain government benefits.
Form W-4T
(Rev. November 1998)
Voluntary Withholding Agreement
Termination or Withdrawal from W-4 agreement
 Voluntary Withholding Agreements 26 C.F.R. §31.3402(p)-1
Employer s name and address Employer identification number
Zip Construction, Inc., 1865 Tully Road,
San Jose, Calif., 95134
57 0631823
Submitted for:

x In lieu of W-4, Employee s Withholding Certificate. Employer will not make any p
ayroll
withholding. Employee is responsible for all taxes.
Termination of previous W-4 agreement. Beginning effective on the last day of pa
y period in

enter month of year .

Employee s Liability Release Statement:
Tom Brokaw

I type print your , understand that termination or withdrawal of a W-4,

Employee s Withholding Certificate, releases the employer from any obligation to m
ake payroll withholdings.
Furthermore, I understand that I am responsible for all taxes due and I release
the employer from any tax
liability associated with this employee.
I certify that the foregoing statement is correct and I release the employer fro
m any withholding obligations
or claims.
Employee s signature

Tom Brokaw Date 

Tom Brokaw 9/21/99
Employee s information
Type or print employee/payee first name and initial Last name Social security nu
mber (write None if you do not have a SSN or
 Declined if you do not wish to provide a SSN)
Tom Brokaw DECLINED
Home address (number and street or rural route)
3672 Herman Road

City or town, State and ZIP code

Santa Cruz, Calif.

Sec. 31.3402(p)-1 Voluntary withholding agreements.

(a) In general. An employee and his employer may enter into an agreement under s
ection 3402(b) to provide for the withholding of income tax upon
payments of amounts described in paragraph (b)(1) of Sec. 31.3401(a)-3, made aft
er December 31, 1970.
(b) Form and duration of agreement. (1)(I) Except as provided in subdivision (ii
) of this subparagraph, an employee who desires to enter into an
agreement under section 3402(p) shall furnish his employer with Form W-4 (withho
lding exemption certificate) executed in accordance with the
provisions of section 3402(f) and the regulations thereunder. The furnishing of
such Form W-4 shall constitute a request for withholding.
(c) A statement that the employee desires withholding of Federal income tax, and
applicable, of qualified State individual income tax (see paragraph
(d)(3)(I) of Sec. 301.6361-1 of this chapter (Regulations on Procedures and Admi
nistration)), and
(d) If the employee desires that the agreement terminate on a specific date, the
date of termination of the agreement. If accepted by the employer as
provided in subdivision (iii) of this subparagraph, the request shall be attache
d to, and constitute part of, the employee's Form W-4. An employee who
furnishes his employer a request for withholding under this subdivision shall al
so furnish such employer with Form W-4 if such employee does not
already have a Form W-4 in effect with such employer. (iii) No request for withh
olding under section 3402(p) shall be effective as an agreement
between an employer and an employee until the employer accepts the request by co
mmencing to withhold from the amounts with respect to which the
request was made. (2) An agreement under section 3402 (p) shall be effective for
such period as the employer and employee mutually agree upon.
However, either the employer or the employee may terminate the agreement prior t
o the end of such period by furnishing a signed written notice to the
other. Unless the employer and employee agree to an earlier termination date, th
e notice shall be effective with respect to the first payment of an amount
in respect of which the agreement is in effect which is made on or after the fir
st ``status determination date'' (January 1, May 1, July 1, and October
1 of each year) that occurs at least 30 days after the date on which the notice
is furnished. If the employee executes a new Form W-4, the request upon
which an agreement under section 3402 (p) is based shall be attached to, and con
stitute a part of, such new Form W-4.
Public Domain Form W-4T
Complying with Withholding Requirements
There are no state or federal tax withholding requirements for employees who do
not have
social security numbers. However, as an employer you should remind them that the
y cannot
collect unemployment compensation should they be laid off. Additionally, they ar
e
responsible for paying any taxes that may be due.
26 CFR parts 31.3402(d)-1 and 31.3403-1 relate to penalties for not withholding.
The first
regulation pertains only to Every employer required to deduct , but does not create
any
Policy Manual
obligation in itself, and only refers the second regulation which simply refers
back to the first
regulation as the penalty; however, there is no penalty imposed by either regula
tions. The
requirement and authority to deduct withholding comes only after the employer ha
s a
properly completed and signed I.R.S. Form W-4 submitted by an employee.
Complying with the I.N.S. Form I-9 Requirements
Federal law, 8 USC §1324a makes it illegal for a person or other entity to hire, r
ecruit or
employ an alien who is not authorized to work in the United States.
8USC §1324a. Unlawful employment of aliens.
(a) Making employment of unauthorized aliens unlawful
(1) In general
It is unlawful for a person or other entity (
A) to hire, or to recruit or refer for a fee, for employment in the United State
s an alien
knowing the alien is an unauthorized alien (as defined in subsection (h)(3) of t
his
section) with respect to such employment, or
(B)(i) to hire for employment in the United States an individual without complyi
ng with
the requirements of subsection (b) of this section or (ii) if the person or enti
ty is an
agricultural association, agricultural employer, or farm labor contractor (as de
fined in
section 1802 of title 29), to hire, or to recruit or refer for a fee, for employ
ment in the
United States an individual without complying with the requirements of subsectio
n (b)
of this section.
The I.N.S. employment verification Form I-9 is implemented by regulation at 8 CF
R
§274a.2.
8CFR §274a.2 Verification of employment eligibility.
(a) General. This section states the requirements and procedures persons or enti
ties must
comply with when hiring, or when recruiting or referring for a fee, or when cont
inuing to
employ individuals in the United States. For purposes of complying with section
274A(b) of
the Act and this section, all references to recruiters and referrers for a fee a
re limited to a
person or entity who is either an agricultural association, agricultural employe
r, or farm labor
contractor (as defined in section 3 of the Migrant and Seasonal Agricultural Wor
ker Protection
Act, 29 U.S.C. 1802). The Form I-9, Employment Eligibility Verification Form, ha
s been
designated by the Service as the form to be used in complying with the requireme
nts of this
section.
Most employers incorrectly apply the I.N.S. Form I-9 requirement across the boar
d with
all employees and new recruits. However, the law, 8 USC §1324a, clearly applies th
is issue
to knowing the alien is an unauthorized alien and narrowly defines its application
to an
agricultural association, agricultural employer, or farm labor contractor.
Employment Issues
Used Only for Agricultural Labor
The instruction for the I.N.S. Form I-9 admits that its authority for collecting
this
information is 8 U.S.C. 1324a.

Based on that law and the implementing regulations, the I.N.S Form I-9 is used o
nly for
an agricultural association, agricultural employer, or farm labor contractor to ve
rify that the
alien they are hiring is authorized to work in the United States.
Neither the law, nor the regulation authorizes its use for citizens or for emplo
yment other
than an agricultural association, agricultural employer, or farm labor contractor
. It is
unlawful to apply this form to citizens or non-agricultural labor.
Employer Cannot Specify Which Documents They Accept
A social security card may be used, but is not needed, as one of the documents t
hat
establish employment eligibility. Although the social security number is request
ed on the
face of the I-9 form, it is not required. Additionally, the employer is prohibit
ed from
specifying which documents are acceptable. Therefore, an employee who does not h
ave a
Policy Manual
social security number may properly complete this form if he possesses one of th
e other
documents needed to show employment eligibility.

Alternative Documentation
It is important to understand that the law prohibits an employer from knowingly
hiring an
alien who is not authorized to work in the United States and provides for a posi
tive defense if
he has made copies of certain documents that the alien provides as proof of his
authorization
to work in the United States. The law also requires the alien to attest to their
authorization
under the penalty of perjury.
Natural citizens cannot be compelled to prove their authorization to work; the F
irst, Fifth,
Ninth and Tenth amendments of the United States Constitution prohibit the govern
ment from
requiring a citizen to make an attestation or to attest under the penalty of per
jury. As such,
you cannot lawfully discriminate against natural citizens who assert their right
to work and
the law will not protect you when those citizen seek legal recourse against you
personally and
your company. In fact, if you are not careful, you could become criminally liabl
e, for
example 18 USC §242 and 42 USC §1983 provides that:
Whoever, under color of any law, statute, ordinance, regulation, or custom, will
fully subjects
any person in any State, Territory, or District to the deprivation of any rights
, privileges, or
immunities secured or protected by the Constitution or laws of the United States
,... shall be
fined under this title or imprisoned not more than one year, or both;
42 USC §1983 further provides that a violator shall be liable to the party injured
in an action
at law, suit in equity, or other proper proceeding for redress.
This sounds like employers are being put into a ridiculously difficult situation
, and to
some degree that is certainly true: on one hand the government seems to be threa
tening
employers who fail to comply with their wishes, and on the other hand they may g
et sued or
even go to jail if they violate the rights of a citizen. However, when employers
take the time
to carefully study the law, as you are doing here, they discover that the issue
is really not that
complicated.
Employment Issues
The law prohibits an employer from knowingly hiring an alien who is not authoriz
ed to
work in the United States. The law does not prohibit an employer from doing any
of the
following:

unknowingly hiring an alien who is not authorized to work in the United States
hiring an alien who is authorized to work in the United States
hiring a citizen
Additionally the law provides for a positive defense if you have obtained copies
of certain
documents and an attestation from the alien.
Sec. 1324a. Unlawful employment of aliens
(a)(3) Defense
A person or entity that establishes that it has complied in good faith with the
requirements of
subsection (b) of this section with respect to the hiring, recruiting, or referr
al for employment
of an alien in the United States has established an affirmative defense that the
person or
entity has not violated paragraph (1)(A) with respect to such hiring, recruiting
, or referral.
(b)(6) Good faith compliance
(A) In general Except as provided in subparagraphs (B) and (C), a person or enti
ty is
considered to have complied with a requirement of this subsection notwithstandin
g a
technical or procedural failure to meet such requirement if there was a good fai
th attempt to
comply with the requirement.
In writing the positive defense clause into the law, Congress has tricked most e
mployers
into believing that this is their only positive defense choice. Of course, such is
simply not
true; a positive defense always exists and we do not need Congress permission to
use it. A
positive defense exists if you can show any of the following:

that you did not know that the employee was an alien
that you did not know that the employee was not authorized to work in the United
States
that the employee is a citizen
While many people just simply do what they are asked and never assert their righ
ts as
Americans, you will occasionally find those who do. Natural citizens have many p
rotected
rights that are often forgotten or not taken seriously. You will find that most
of these people
understand the extra burden that our government seems to place on employers and
often are
willing to compromise with you in certain areas. You should consider offering th
e following
Policy Manual
form, as an alternative to the I.N.S. Form I-9, to those citizens who assert the
ir natural right to
work.
Form P-2 Citizen s Notice
of Employment Eligibility
 in lieu of I.N.S. Form I-9 Employment Eligibility Verification
Name and address of Citizen
Tom Brokaw
3672 Herman Road
Santa Cruz, Calif., 95060
Name and address of Notice Recipient
Zip Construction, Inc.
1865 Tully Road
San Jose, Calif., 95134
Citizen s statement:
Tom Brokaw California

I, certify that I am a free Citizen of the State of and

am in all ways free and authorized to work unincumbered in any State of the Unit
ed States by the Right of
my natural citizenship.
I certify that the forgoing information stated here is true and correct.
Citizen s signature
9/21/99
Tom Brokaw

Tom Brokaw
Date

Federal law, 8 USC §1324a make it is unlawful for a person or other entity to hire
, or to recruit or refer for a fee, for employment in the
United States an alien knowing the alien is an unauthorized alien with respect t
o such employment, or to hire for employment in the
United States an individual without complying with the requirements of subsectio
n (b) of this section or (ii) if the person or entity is an
agricultural association, agricultural employer, or farm labor contractor, to hi
re, or to recruit or refer for a fee, for employment in the
United States an individual without complying with the requirements of subsectio
n (b) of this section.
8 CFR §274a.2 Verification of employment eligibility: (a) General. This section st
ates the requirements and procedures persons or
entities must comply with when hiring, or when recruiting or referring for a fee
, or when continuing to employ individuals in the United
States. For purposes of complying with section 274A(b) of the Act and this secti
on, all references to recruiters and referrers for a fee
are limited to a person or entity who is either an agricultural association, agr
icultural employer, or farm labor contractor (as defined in
section 3 of the Migrant and Seasonal Agricultural Worker Protection Act, 29 USC
§1802). The Form I-9, Employment Eligibility
Verification Form, has been designated by the Service as the form to be used in
complying with the requirements of this section.
Public Domain Privacy Form P-2
As a point of interest, employers should know that the I.N.S. has no jurisdictio
n over
natural citizens while they are in a State. Additionally the I.N.S. has no juris
diction over an
employer within a State who does not hire non-citizens. However, the I.N.S. may
be able to
assert jurisdiction if it can show that aliens do work for you. When an employee
or an
employer signs any government form under penalty of perjury, they have surrendered
their
rights and shifted the burden of proof from the government and onto themselves.
This
shifting of the burden of proof opens the door to I.N.S. jurisdiction. Be very c
autious about
signing anything under the penalty of perjury.
Understanding the I.R.S. Form W-9
Utilization of Internal Revenue Service (I.R.S.) Form W-9, Request for Taxpayer
Identification Number and Certification, is defined in three parts of Title 26 o
f the United
States Code of Federal Regulations (26 CFR). According to the Internal Revenue S
ervice
regulations, Form W-9 is used for collecting taxpayer identification associated
with securities
and brokerage accounts, and certain other accounts that pay interest or dividend
s
(26CFR1.6401, 1.6042 and 31.3406). There is no other application authorized for
use of
Form W-9.
It would be foolish to use the Form W-9 in any other application because doing s
o
suggests to the Internal Revenue Service that your relationship is in someway as
sociated with
securities or brokerage accounts, or an account that pays interest or dividends.
Employment Issues
Dealing with Benefits
Because certain deductions are not made for employees who do not have social sec
urity
numbers, these employees fail to qualify for many benefits.
Benefit Eligible Condition
Unemployment
compensation
No Use of a social security number is required to collect
unemployment compensation. Because the employee
fails to qualify, the employer should not pay taxes on
these programs for each unenumerated worker.
Worker s compensation Yes Employee social security number is not required for the
employer sworker s compensation package if the
worker s compensation is provided by a private
insurance provider. However a social security number is
required for State or federal administered insurance.
Social security No The Social Security Administration uses the social
security account number to track the employees account.
The employer does make co-payments to the worker s
social security account and no money is withheld from
the worker s pay. The worker has no social security
benefits.
Medical or dental
insurance
Yes Employee social security number is not required for
private medical or dental insurance.
Unenumerated employees should be made aware of the list of benefits that they ar
e not
entitled to and they should be encouraged to sign an awareness statement recogni
zing that
fact and agreeing to the loss of certain benefits as a condition of their employ
ment.
The Pro s and Con s of Hiring the Unenumerated
Table 2 lists the various pro s and con s of dealing with enumerated and unenumerate
d
employees and contractors.
Policy Manual
Table 2 The Pro s and Con s of Hiring Enumerated verses Unenumerated
Issue Enumerated Unenumerated
Liability to IRS to
withhold taxes
A tax liability exists with the IRS
because your employees entered
a W-4 agreement and you
accepted the agreement to
withhold. Because of the 26 USC
3402 agreement, you are liable
for all taxes.
Since no 26 USC 3402 tax
withholding agreement exists the
employer is not liable for
employee taxes. Without a W-4,
each employee is liable for their
own taxes.
Requirement to
produce records for
IRS audit
Because you accepted the W-4
agreements, signed under
penalty of perjury, the IRS is able
to force you to prove your position
in an audit.
Because nobody entered a W-4
withholding agreement, there is
no under penalty of perjury
statement. The IRS has no power
to audit and the IRS has the
obligation to prove their case.
Requirement to appear
for an IRS summons
Because of the under penalty
perjury testaments, you are
obligated to appear and prove
your case.
The IRS is obligated to prove
their case in a regular court of law
and any summons must come
form that court.
Requirement to appear
for an IRS hearing
Because of the under penalty
perjury testaments, you are
obligated to appear and prove
your case.
The IRS is obligated to prove
their case in a regular court of law
and any summons must come
form that court.
Requirement to issue
W-2s
The law requires you to issue W2s
to each employee
Youare prohibitedfrom issuinga
W-2 because of the W-2
requirement for a social security
number.
Requirement to issue
1099s
The law requires you to issue
1099 to each non-employee
Youare prohibitedfrom issuinga
1099 because of the 1099s
requirement for a social security
number.
Burden of proof in tax
matters
Signature under penalty of
perjury places the burden of
proof upon the signer.
Since there is no under penalty
of perjury signature, the burden
of proof exists with the IRS.
Accounting/
bookkeeping
requirements
Required for tax withholding. much easier because there is no
tax withholding.
Susceptibility to IRS
liens and levies
Highly susceptible because of the
under penalty of perjury
signatures
Impossible without a trial and
court order.
Susceptibility to INS
intrusion
Highly susceptible because of the
under penalty of perjury
signatures
Impossible without a trial and
court order.
Employment Issues
Issue Enumerated Unenumerated
Susceptibility to
employee retaliation
Increased likelihood because
most enumerated employees are
protected by various government
programs
Unlikely because employees
received higher pay and signed
employment agreements
acknowledging the lack of certain
benefits.
Risk of employee
lawsuit
Increased likelihood because
most enumerated employees are
protected by various government
programs
Unlikely because employees
received higher pay and signed
employment agreements
acknowledging the lack of certain
benefits.
Effect on employee
moral
The same old routine. Employees respond better and
have greater moral because of
higher pay.
Effect on employee
allegiance
The same old routine. Employees appreciate their
employer greater, shows stronger
allegiance and are likely to
remain with their current
employer.
Effect on employee
productivity
The same old routine. Employees produce more and
better because of higher pay.
Assets protection Less asset protection because of
you increased exposure to IRS
audit and liens.
Greater asset protection because
of IRS obligation to prove their
case in each instant
Effect on the bottom
line
The same old routine Improved effect on bottom line
due to higher employee
productivity and lower risk of
government intrusion.
Why Does My CPA disagree with You?
A huge specialized market exists in tax-compliance issues and most of our accoun
ting
practices are closely tied to income tax compliance. The success of the accounti
ng business is
largely related to the complexity of the Internal Revenue Service laws and regul
ations. Many
of these CPAs and tax attorneys are also enrolled agents.
An enrolled agent is an individual who has successfully completed United States
Department of the Treasury monitored training programs and received Internal Rev
enue
Service certification in representing Internal Revenue Service tax law. Enrolled
agents help
you pay taxes and comply with the desires (not necessarily the law) of the Inter
nal Revenue
Service. Enrolled agents are trained and certified by the Internal Revenue Servi
ce to do
exactly what the Internal Revenue Service wants. Enrolled agents are often rewar
ded by the
Internal Revenue Service by keeping their clients involved with the tax problems
. The
majority of clients who use enrolled agents receive more Internal Revenue Servic
e notices
and letters than people who don't use them.
Policy Manual
CPAs and most tax attorneys will not tell you about the issues we discuss becaus
e their
financial success is tied to the complexity of income tax law and to keeping you
in the
system. When people and businesses discover how to sever the strings that tie th
em into this
corrupt system, they no longer need the assistance of these so-call specialists
and usually fire
them. These specialists do not tell you about these laws (that you are now readi
ng for
yourself) because they fear that they will lose your business. You are tied to t
he system by the
laws that they choose to tell you about, the complexity of those laws and the fe
ar of Internal
Revenue Service retaliation.
Most tax specialist know that there is no law requiring a person to obtain and u
se a social
security number and will confirm that fact if you ask them directly. They will a
lso tell you
that you should fire any employee who does not have a social security number and
that they
will no longer help you if you don't. Understand, that is the same thing as sayi
ng yeah, we
know the law, but we're not going to help you comply with the law. Perhaps you sh
ould ask
your tax specialist some direct questions and then you can decide who you really
trust. Ask
them about the following:

Can you show me the law that requires a person to obtain a social security numbe
r?
Can you show me the law that makes an IRS Form W-4 mandatory?
Can you show me the law that requires me to have an INS Form I-9 on file for eac
h
non-agribusiness employee?
Can you show me the law that requires me to withhold employee tax money without
a
W-4?
Can you explain the legal process for hiring a person who has no social security
number?
Can you show me the law that exempts me from penalties if I don't get an employe
e's
social security number?
Getting Hired Without a Social Security Number
Every person hoping to be hired needs to understand that most employers are hiri
ng
employees because they want to make more money. For that reason, employers need
to hire a
person that will produce at a level that makes the employer more money then they
spend as a
result of hiring that person. Therefore employers need employees who are not onl
y
productive, but honest, reliable and diligent as well. Additionally employers do
n thire
people who might bring other problems to the job such as Internal Revenue Servic
e
inquiries.
As a potential employee you need to understand that given equal or even slightly
better
skills, an employer who understands their right to hire you and the legal protec
tion provided
to him, is still likely to hire the enumerated employee.
As a person who has decided to assert your legal right to not obtain or use a so
cial security
number, you will, if you haven t already, quickly learn that it is rapidly becomin
g
increasingly difficult to live free. In many ways, you must exercise greater res
ponsibility in
Employment Issues
your various personal, legal and civic duties than most other Americans. Unlike
other
Americans, you realize that you are totally responsible for your actions and fut
ure. You
responsibly pay all the taxes you owe, and realize that you must prepare for you
r own
retirement because you cannot collect social security or Medicare benefits.
Most enumerated people believe that American life is too difficult without a soc
ial
security number and have surrendered their Rights in return for government secur
ity in old-
age. You can more easily decide what is important to you after reviewing Table 3
which list
the pros and cons for many of the issues.
Table 3 Pros and Cons of Having or Not Having a Social Security Number
Issues Enumerated Unenumerated
Banking Easier because bankers have
been tricked or intimidated into
enforcing non-existent law.
Banking is more difficult because
few Americans assert their lawful
rights.
Credit Not an issue It is slightly more difficult to
establish a credit history without a
social security number. It is no
longer an issue once your good
credit history is established.
Education Not an issue Not an issue unless you are
seeking a federal student loan.
Employment Easier because employers have
been tricked or intimidated into
enforcing non-existent law.
Employment is more difficult
because few Americans assert
their lawful rights.
Federal home
mortgage
Not an issue Not eligible
Federal license Not an issue Not an issue
Food stamps Not an issue Not eligible
Independence Restricted because of their
requirement to provide the social
security number that was
assigned to them.
Greater independence because
more laws provide protection
against expecting the
unenumerated to provide a
number that they don t have
Insurance Not an issue Not an issue
Medical care Not an issue Not an issue
Medicare Eligible for medicare payments
that are too small to cover most
needs. Old-age benefits, even
with SSI are not sufficient to meet
the extra cost.
Not eligible, but because your
retirement account provides a
higher standard of living you can
easily afford private insurance that
meets all of your medical needs.
Policy Manual
Issues Enumerated Unenumerated
Military service Not an issue Federal law prohibit the military
from requiring a social security
number. The military will provide
its own service number for those
who do not have social security
number.
Old-age benefits The enumerated pay about 16
percent of their income for their
entire working life so that they
might be able to collect about
$600.00 a month in old-age
benefits.
Allowedto savefreely,
unencumbered by additional
taxation, for their own retirement.
Saving at the enumerated rate will
net them a retirement fund of
more than $2500.00 a month.
Privacy Much less control of their privacy
and are exposed to greater risk of
financial fraud.
Assert a tremendous control over
their privacy.
SBA loans Not an issue Not an issue
Selective service
registration
Difficult for young males to avoid
registering for the draft because
their social security number is well
established in federal databases.
The law allows you to register.
However, it is nearly impossible to
catch you and prosecute if you fail
to register.
State license Not an issue New federal regulation causing
states to pass new laws are
making it more difficult for you to
assert your rights.
Student loan May be eligible for federal student
loan program. Males must register
for the draft.
Not eligible for federally
subsidized student loans.
Taxation Required and unavoidable IRS computers are not able to
track the unenumerated. You
must voluntarily meet any
obligation for which you may be
liable.
Unemployment
benefits
The enumerated employer pays
the employee less so they can pay
for state unemployment
insurance.
No state unemployment insurance
available.
Veteran benefits Not an issue Your military service number is
used.
Veteran educational
benefits
Not an issue Your military service number is
used.
Veteran home loans Not an issue Your military service number is
used.
Employment Issues
Negotiating With the Prospective Employer
Many unenumerated employees believe that they must work under-the-table for very
low
wages. This assumption has caused a lot of unnecessary hardship for many naive p
eople and
has resulted in tremendous savings for many unscrupulous employers. This assumpt
ion is
absolutely incorrect.
Employers who hire unenumerated employees have fewer payroll deductions which re
sult
in a 20 to 40 percent saving for each employee and lower operating overhead. Sim
ply
because of this savings, employers should pay unenumerated workers more than the
ir
enumerated counterpart. Of course they probably won t want to do that, but to be f
air, the
employer needs to recognize that you do not enjoy many of the other so-called be
nefits such
as unemployment compensation. Therefore, it is reasonable that you should negoti
ate a pay
that is at least 20 percent above that of enumerated peer employees. Employers s
hould find
this a comfortable compromise.
However, with that aside, you will discover that it is very difficult to find em
ployers who
will take the time to learn about hiring the unenumerated employee; for those th
at do learn,
few will have the courage to do it.
There are basically two ways to approach this.

The first way is to simply go to a prospective employer and fill out the employm
ent
application as any other potential employee would. With a pencil write this note
in the
social security number request field: necessary information provided upon offer o
f
employment. You will need to overwrite the area a bit to fit all of that in, but
the
personnel people will usually assume that you have your reasons. If they ask, te
ll them
that since the information isn t really needed until you are hired (26 CFR §6011(b)2
(
c)(6)), that for security reasons you would like to withhold that information un
til it
become absolutely necessary. They will usually agree.
This will permit you to proceed through the interview process and to receive a r
eal
employment offer. If they do not offer to hire you, it is because they found som
eone
they feel more comfortable with and not because of a social security number issu
e.
When they do make you an employment offer, it is because you are the qualified
candidate that they want. Soon after their employment offer, they will ask you f
or a
social security number and you now have an opportunity to explain why you don t
have one and how they should proceed. Hopefully their legal department will stud
y the
issue carefully and make the necessary arrangements. You may offer copies of the
appropriate forms available in this manual and you should be willing to sign tho
se
agreements.
If they fire you, then you know clearly that it is because they choose to discri
minate
against you for being unenumerated. You might wish to proceed with the Equal
Employment Opportunity Commission or in court.

The second method is to briefly explain your unenumerated status in a cover lett
er
accompanying your resume. You will get very few positive responses from your
resume, but those that do come back will be extremely promising because they
understand the issue before interviewing you. This process is most effective whe
n you
Policy Manual
have very useful or necessary skills. It is also best received by smaller employ
ers or in
smaller communities.
Don t Use a False Social Security Number
Some people suggest that using a false social security number, or using a number
that was
assigned to someone else may be a reasonable solution for the unenumerated or fo
r
somebody who wishes to withhold a social security number. Using a false or fraud
ulent
social security number is not only a bad idea, but may get you into big trouble.
Federal law
defines several circumstances where using a false social security number is crim
inal fraud
and there are numerous cases where the individuals doing this have been convicte
d of fraud
and sent to prison.
While you are not likely to be convicted of fraud for attempting to use a false
social
security number during or for the purpose of employment, you are likely to be qu
ickly
discovered and fired if you fail to correct the number. The Social Security Admi
nistration
provides several services that assist employers who wish to verify that a name a
nd social
security number match that which was assigned by the Social Security Administrat
ion. When
the employer uses this service and discovers that the social security number you
gave him
does match with the information you provided he will ask you to correct the reco
rds. The
employer may fire you if he suspects you attempted to lie to him on your employm
ent
application.
Although specifically dealing with the administration of employees' benefits, fe
deral
regulation20CFR §422.108 does provide criminal penalties for misrepresentation of
social
security numbers.
20 CFR §422.108 Criminal penalties.
A person may be subject to criminal penalties for furnishing false information i
n connection
with earnings records or for wrongful use or misrepresentation in connection wit
h social
security numbers, pursuant to section 208 of the Social Security Act and section
s of title 18
U.S.C. (42 U.S.C. 408; 18 U.S.C. 1001 and 1546).
Dealing With the I.N.S Form I-9
As discussed earlier, most employers incorrectly apply the I.N.S. Form I-9 requi
rement
upon all employees and new recruits. However, the law, 8 USC §1324a, clearly appli
es this
issue to knowing the alien is an unauthorized alien and narrowly defines its appli
cation to
an agricultural association, agricultural employer, or farm labor contractor.
If your job application is in the field of agribusiness, it is probably best to
simply comply
with the employers request. Of course, as a natural born citizens, you may lawfu
lly protest
the issue if you wish. However, you should assert good judgement here, since suc
h a protest
might result in a job loss. Since the notice on this form restricts the employer
from dictating
which documents may be used, simply leave the social security number field blank
.
People hired in non-agribusiness fields should protest using the I.N.S. employme
nt
verification Form I-9 because it implies, according to federal law, that you are
being
employed in agribusiness. Additionally, since you are attesting to the informati
on under
penalty of perjury, you are obligating yourself to proving your citizenship to an
I.N.S.
Employment Issues
officer should he ask you. Without your signature, the burden of proof lies sole
ly with the
I.N.S. and their questioning you could easily become harassment. Don t surrender y
our rights
so easily!
Serving Notice
The best way to handle this is to make a copy of the regulation written below an
d give that
copy to the person asking you complete the form. Tell them that they are using t
he form
incorrectly and they are asking you to violate the law.
8 CFR §274a.2 Verification of employment eligibility.
(a) General. This section states the requirements and procedures persons or enti
ties must
comply with when hiring, or when recruiting or referring for a fee, or when cont
inuing to
employ individuals in the United States. For purposes of complying with section
274A(b) of
the Act and this section, all references to recruiters and referrers for a fee a
re limited to a
person or entity who is either an agricultural association, agricultural employe
r, or farm labor
contractor (as defined in section 3 of the Migrant and Seasonal Agricultural Wor
ker Protection
Act, 29 U.S.C. 1802). The Form I-9, Employment Eligibility Verification Form, ha
s been
designated by the Service as the form to be used in complying with the requireme
nts of this
section.
Since federal law prohibits an employer from knowingly hiring an unauthorized al
ien, it
would be prudent for you to offer your employer a signed testament that you are
a lawful
resident or a natural born citizen. You might include a copy of your birth certi
ficate or some
other proof with that testament. You may use one of the appropriate samples from
Sample
Letters and Forms on page 209.
If the employer is adamant about expecting you to sign an I.N.S. Form I-9, and t
hus
surrender your rights as a citizen, then you might consider serving them with a
copy of the
following document. You should complete two copies of this form and serve one to
the
employer and keep a copy for your own records. Since employers, like most people
, really
Policy Manual
hate being officially served legal notices, you should consider that doing this
will drastically
reduce your chances of being hired.
Form P-3 Citizen s Notice
of Employment Eligibility
 in lieu of I.N.S. Form I-9 Employment Eligibility Verification
Name and address of Citizen
Tom Brokaw
3672 Herman Road
Santa Cruz, Calif., 95060
Name and address of Notice Recipient
Greg Morris, WebTV Networks,
1295 Charleston Road
Mountain View, CA, 94043
Use a new form for each person/company that you serve.
Be sure to keep a copy for your records
Citizen s statement:
Tom Brokaw California

I, certify that I am a free Citizen of the State of and

am in all ways free and authorized to work unincumbered in any State of the Unit
ed States by the Right of
my natural citizenship.
I certify that the forgoing information stated here is true and correct.
Citizen s signature
9/22/99

Tom Brokaw Tom Brokaw

Date

Legal Notice and Warning

Federal law provides that it is a crime to violate the Rights of a citizens unde
r the color-of-law. You
can be arrested for this crime and you can also be held personally liable for ci
vil damages.
Federal regulation, CFR §274a.2, restricts the use I.N.S. Form I-9 to certain empl
oyers involving the use of
agricultural workers; the I-9 Form has no other application and is not authorize
d for use with natural citizens
of the United States.
Notice of Service:
Tom Brokaw
I, certify I that personally delivered this notice to above named recipient
and address on 9/22/99 at 10:30am
Federal law, 8 USC §1324a makes it unlawful for a person or other entity to hire,
or to recruit or refer for a fee, for employment in the
United States an alien knowing the alien is an unauthorized alien with respect t
o such employment, or to hire for employment in the
United States an individual without complying with the requirements of subsectio
n (b) of this section or (ii) if the person or entity is an
agricultural association, agricultural employer, or farm labor contractor, to hi
re, or to recruit or refer for a fee, for employment in the
United States an individual without complying with the requirements of subsectio
n (b) of this section.
8 CFR §274a.2 Verification of employment eligibility: (a) General. This section st
ates the requirements and procedures persons or
entities must comply with when hiring, or when recruiting or referring for a fee
, or when continuing to employ individuals in the United
States. For purposes of complying with section 274A(b) of the Act and this secti
on, all references to recruiters and referrers for a fee
are limited to a person or entity who is either an agricultural association, agr
icultural employer, or farm labor contractor (as defined in
section 3 of the Migrant and Seasonal Agricultural Worker Protection Act, 29 USC
§1802). The Form I-9, Employment Eligibility
Verification Form, has been designated by the Service as the form to be used in
complying with the requirements of this section.
18 USC §242 and 42 USC §1983 provides that: Whoever, under color of any law, statute
, ordinance, regulation, or custom, willfully
subjects any person in any State, Territory, or District to the deprivation of a
ny rights, privileges, or immunities secured or protected by
the Constitution or laws of the United States, ... shall be fined under this tit
le or imprisoned not more than one year, or both; 42 USC
§1983 further provides that a violator shall be liable to the party injured in an a
ction at law, suit in equity, or other proper proceeding
for redress.
Public Domain Privacy Form P-3 (02) 2000
Dealing With the I.R.S Form W-4
As explained earlier, most employers believe you have a legal obligation to comp
lete an
Internal Revenue Service Form W-4 and will threaten to withhold from your payche
ck as
though you are a single person without one. This issue is best handled by using
the
appropriate samples from Sample Letters and Forms on page 209 and sending that not
ice
to your employer s legal or accounting department. You may also find the Voluntary
Withholding Agreement on page 224 helpful.
Dealing With Rejection
Living unenumerated mean that you will endure more rejection than most other peo
ple.
There are several options available to you when you are rejected by an employer.
Forget it and Move on
Although our first instinctive response is to protect ourselves and get even, it
is not always
the best or wisest choice. The first option we should always consider is to simp
ly forget it and
Employment Issues
move on with life. Although being fired from a job simply because you choose to
live
unenumerated is neither fair nor legal, simply forgetting it and moving on with
things is the
easiest and less stressful way of dealing with it. Certainly we can sue the peop
le who treat us
unjustly or unlawfully, but suing takes a lot time, energy and resources. Litiga
tion seldom
results in the outcome we hope for and usually just adds to make the situation m
ore stressful.
File Criminal Charges
Many times the unenumerated are unknowingly victims of a crime. The most notable
example of this is when someone tells you that you must have, or you must provid
e a social
security number because it is the law. Most often the statement that it is the la
w is a
criminal violation of the law, which if proven, could subject the person who sai
d it to fines
and jail.
For example 18 USC §242 and 42 USC §1983 provides that:
Whoever, under color of any law, statute, ordinance, regulation, or custom, will
fully subjects
any person in any State, Territory, or District to the deprivation of any rights
, privileges, or
immunities secured or protected by the Constitution or laws of the United States
,... shall be
fined under this title or imprisoned not more than one year, or both;
42 USC §1983 further provides that a violator shall be liable to the party injured
in an action
at law, suit in equity, or other proper proceeding for redress.
And 42 USC §408 provides that:
Whoever... (8) discloses, uses, or compels the disclosure of the social security
number of any
person in violation of the laws of the United States; shall be guilty of a felon
y and upon
conviction thereof shall be fined under title 18 or imprisoned for not more than
five years, or
both.
If these crimes are committed against you, and you can prove it, then you need t
o talk to
your local district attorney about filing a criminal complaint. If your evidence
has merit, then
the local district attorney is legally obligated to pursue the case.
Sue for Violating Your Rights or for Discrimination
Civil litigation is the most common route taken by people who wish to assert the
ir legal
right to work in the United States unenumerated. There are two ways to pursue th
is course.
The first is to file a compliant with Equal Employment Opportunity Commission fo
r
discrimination based upon some protected right such as freedom of religion.
Filing a Charge With the Equal Employment Opportunity Commission
If you believe you have been discriminated against by an employer, labor union o
r
employment agency when applying for a job or while on the job because of your ra
ce, color,
sex, religion, national origin, age, or disability, or believe that you have bee
n discriminated
against because of opposing a prohibited practice or participating in an equal e
mployment
opportunity matter, you may file a charge of discrimination with the United Stat
es Equal
Employment Opportunity Commission.
Charges may be filed in person, by mail or by telephone by contacting the neares
t Equal
Employment Opportunity Commission office. If there is not an Equal Employment
Policy Manual
Opportunity Commission office in the immediate area, call toll free 800-669-4000
or 800669-
6820 (TDD) for more information. To avoid delay, call or write beforehand if you
need
special assistance, such as an interpreter, to file a charge.
There are strict time frames in which charges of employment discrimination must
be filed.
To preserve the ability of Equal Employment Opportunity Commission to act on you
r behalf
and to protect your right to file a private lawsuit, should you ultimately need
to, adhere to the
following guidelines when filing a charge.
Title VII of the Civil Rights Act charges must be filed with Equal Employment
Opportunity Commission within 180 days of the alleged discriminatory act. Howeve
r, in
states or localities where there is an antidiscrimination law and an agency auth
orized to grant
or seek relief, a charge must be presented to that state or local agency. Furthe
rmore, in such
jurisdictions, you may file charges with Equal Employment Opportunity Commission
within
300 days of the discriminatory act, or 30 days after receiving notice that the s
tate or local
agency has terminated its processing of the charge, whichever is earlier. It is
best to contact
Equal Employment Opportunity Commission promptly when discrimination is suspecte
d.
When charges or complaints are filed beyond these time frames, you may not be ab
le to
obtain any remedy.
Facts About Religious Discrimination
Title VII of the Civil Rights Act of l964 prohibits employers from discriminatin
g against
individuals because of their religion in hiring, firing, and other terms and con
ditions of
employment. The Act also requires employers to reasonably accommodate the religi
ous
practices of an employee or prospective employee, unless to do so would create a
n undue
hardship upon the employer (see also 29 CFR §l605). Flexible scheduling, voluntary
substitutions or swaps, job reassignments and lateral transfers are examples of
accommodating an employee's religious beliefs.
Employers cannot schedule examinations or other selection activities in conflict
with a
current or prospective employee's religious needs, inquire about an applicant's
future
availability at certain times, maintain a restrictive dress code, or refuse to a
llow observance
of a Sabbath or religious holiday, unless the employer can prove that not doing
so would
cause an undue hardship.
An employer can claim undue hardship when accommodating an employee's religious
practices if allowing such practices requires more than ordinary administrative
costs. Undue
hardship also may be shown if changing a bona fide seniority system to accommoda
te one
employee's religious practices denies another employee the job or shift preferen
ce guaranteed
by the seniority system.
An employee whose religious practices prohibit payment of union dues to a labor
organization cannot be required to pay the dues, but may pay an equal sum to a c
haritable
organization.
Mandatory new age training programs, designed to improve employee motivation,
cooperation or productivity through meditation, yoga, biofeedback or other pract
ices, may
conflict with the non-discriminatory provisions of Title VII. Employers must acc
ommodate
any employee who gives notice that these programs are inconsistent with the empl
oyee's
Employment Issues
religious beliefs, whether or not the employer believes there is a religious bas
is for the
employee's objection.
Going on Your Own
While starting your business or being self-employed is difficult for many of us,
it is
probably the easiest and least stressful alternative for the unenumerated to con
sider. One of
the greatest blessings of living in America is all of the fantastic opportunity
available to
anybody who has a little bit of imagination, a lot of drive and self-discipline
and who is
willing to work hard for their own personal reward.
For a lot less energy than the unenumerated spend trying to educate prospective
employers, dealing with the rejection and considering their options, most of us
can begin a
new career by discovering a special market niche in our community and filling it
. It may be
as simple as marketing your professional talents as a consultant, or perhaps you
may have
been thinking about changing careers, providing paralegal services or doing land
scape
maintenance. If you have some cash set aside, maybe its time to open a small sto
re or shop.
There are many very good books available for people who are thinking about going
it on
their own. We recommend that you visit your local book store and review some of
these.
Starting your own business is a very important decision that should be studied c
arefully. If
done right it will be the most personal and financially rewarding experience of
your life.
Individual Taxpayer Identification Number
A final note for this section is a scam warning. Many promoters suggest that you
can get
around the social security number issue by claiming they are not citizens of Was
hington,
D.C. and are therefore aliens in the view of federal law. Without trying to expl
ain their logic,
they further assert that an alien individual should in fact obtain and use an In
dividual
Taxpayer Identification Number instead of a social security number.
Their assertion is simply wrong. The Individual Taxpayer Identification Number (
ITIN) is
a tax processing number that became available July 1, 1996, for certain nonresid
ent and
resident aliens, their spouse and dependents. The Individual Taxpayer Identifica
tion Number
is only available to individuals who cannot get a social security number.
The Individual Taxpayer Identification Number is not applicable since any citize
n of any
State, living in the United States can apply for and receive a social security n
umber.
Policy Manual
38
Financial Issues

Financial institutions are tightly regulated by federal law (primarily United St

ates Code
Title 12, Banks and Banking, and Title 31, Money and Finance) and often refer cl
ients to
various laws and regulations as their reason for doing or not doing certain thin
gs. When an
unenumerated citizen attempts to enter a relationship with a financial instituti
on they are
usually rejected because the institution wrongly believes that federal law requi
res them to
obtain a social security or taxpayer ID number from each customer. Financial ins
titutions
usually respond with a canned statement such as:
31 CFR 103.34 and 26 USC 6109 require that you provide your social security numb
er when
opening an account. Additionally, according to instructions published in the Fed
eral Register
(37 FR 13270, 37 FR 26517, 38 FR 3341 and 39 FR 32336), financial institutions a
re required
to obtain your social security number before opening an account.
However, getting away with such claims tends to also mean that financial institu
tions rely
heavily upon the naiveté and gullibility of customers and bankers' ability to inti
midate
customers with legal citations. When challenged more specifically the bankers of
ten turn to
their 3-volume legal reference published by the Federal Deposit Insurance Corpor
ation called
FDIC Law, Regulations and Related Acts where we read:
8000 -Miscellaneous Statutes and Regulations
Department of the Treasury Instructions Relating to Taxpayer Identification Numb
ers
Financial Recordkeeping and Reporting of Currency and Foreign Transactions

Instructions Relating to Taxpayer Identification Numbers

On June 30, 1972, instructions were issued on this subject and published in the
Federal
Register (37 FR 13279 (1972)). These procedures have been revised in accordance
with
amendments to the regulations issued on December 8, 1972, and published in the F
ederal
Register (37 FR 26517 (1972)).
With respect to each deposit or share account opened after June 30, 1972, by a p
erson
residing or doing business in the United States or a citizen of the United State
s, each bank,
savings and loan association, building and loan association, credit union, or br
oker or dealer
in securities must, within 45 days from the date the account is opened, secure a
nd maintain a
record of the taxpayer identification number of the person maintaining the accou
nt.
For individuals, the taxpayer identification number is his social security numbe
r. For
corporations, partnerships, and other entities it is the IRS employer identifica
tion number. If
an account is opened in more than one individual's name, the financial instituti
on is required
to secure and maintain the social security number of at least one individual hav
ing a financial
interest in that account.
In determining the proper identification number to be obtained for accounts open
ed in more
than one name, the financial institution should follow the regulations and rulin
gs issued by the
Internal Revenue Service under section 6109 of the Internal Revenue Code. The fo
llowing
guidelines have been issued by IRS under that section:
Policy Manual
With respect to accounts opened for trusts, charitable organizations, clubs and
similar
entities the financial institution should secure the employer identification num
ber of the
entity. An employer identification number should be obtained for this purpose ev
en though
an organization might not otherwise require one.
A taxpayer identification number need not be secured in the following instances:
(I)
Accounts for public funds opened by agencies and instrumentalities of Federal, S
tate, local
or foreign governments, (ii) accounts for aliens who are (a) ambassadors, minist
ers, career
diplomatic, or consular officers, or (b) naval, military or other attaches of fo
reign embassies
and legations, and for the members of their immediate families, (iii) accounts f
or aliens who
are accredited representatives to international organizations entitled to enjoy
privileges,
exemptions, and immunities as an international organization under the Internatio
nal
Organizations Immunities Act of December 29, 1945 (22 U.S.C. Sec. 288), and for
the
members of their immediate families (a list of such organizations appears in tit
le 19, section
148.87 (formerly section 10.30a), Code of Federal Regulations), (iv) aliens temp
orarily
residing in the United States for a period not to exceed 180 days, (v) aliens no
t engaged in
a trade or business in the United States who are attending a recognized college
or
university or any training program supervised or conducted by any agency of the
Federal
Government, (vi) unincorporated subordinate units of a tax-exempt central organi
zation
which are covered by a group exemption letter, (vii) interest-bearing accounts m
aintained
by a person 18 years of age opened as part of a school thrift savings program, p
rovided the
annual interest does not exceed $10, and (vii) Christmas Club, vacation club, an
d similar
installment savings programs provided the annual interest does not exceed $10. I
n
instances (vii) and (viii), the bank shall, within 15 days following the end of
any calendar
year in which the interest accrued in that year exceeds $10, use its best effort
s to secure
and maintain the appropriate taxpayer identification number or application form
therefor.
If the customer does not have a social security number or is unaware of his numb
er, he can
authorize the Social Security Administration to furnish his identification numbe
r to the
financial institution. This authorization may be printed or stamped on the back
of Form SS-5
(Application for Social Security No.), in the space immediately above the legend
, For
Bureau of Data Processing and Accounts Use . The authorization must contain the
following language:
Please furnish my SSN to:
NAME
ADDRESS
SIGNATURE
The customer should complete Form SS-5 and sign the statement on the back of the
form.
The financial institution should mail the completed form to the Social Security
Administration in the preaddressed envelope provided and retain a copy (duplicat
e or
photocopy) of the application until the number is received.
The Social Security Administration does not require the Form SS-5 or the authori
zation
statement to be signed by a parent or guardian even though the customer is under
18 years
of age.
A similar procedure may be used to obtain employer identification numbers. Upon
proper
authorization by the applicant on the back of part 2 on the first page of Form S
S-4
(Application for Employer Identification No.), the IRS will furnish the employer
identification
number to both the applicant and the financial institution.
Financial Issues
Financial institutions may obtain supplies of Form SS-5 and preaddressed envelop
es from
their nearest Social Security Office, and supplies of Form SS-4 and preaddressed
envelopes from any Internal Revenue Service Center or district office.
In the event that a financial institution has been unable to secure the identifi
cation required
herein with respect to an account within the 45-day period specified, it shall n
evertheless
not be deemed to be in violation of this requirement if (I) it has made a reason
able effort to
secure such identification, and (ii) it maintains a list containing the names, a
ddresses, and
account numbers of those persons from whom it has been unable to {{6-30-98 p.959
7}}
secure such identification, and makes the names, addresses, and account numbers
of
those persons available to the Secretary as directed by him.
A reasonable effort to obtain a taxpayer identification number should include th
e mailing of
a written request. The request should inform the customer that the bank is requi
red to
maintain, for the use of the Department of the Treasury, a list of customers who
have failed
to supply the bank with a TIN within the 45-day period.
The 45-day period provided for shall be extended where the customer has applied
for an
employer identification number or social security number on Form SS-4 or SS-5 un
til such
time as the customer has had a reasonable opportunity to secure the number and f
urnish it
to the institution.
Dated: January 30, 1973.
[Source: 38 Fed. Reg. 3341, February 5, 1973]

Treasury Notice of Revision of Instructions

On January 31, 1973, instructions were issued on this subject and published in t
he Federal
Register (38 FR 3341 (1973)). These instructions have been revised, herein, to r
eflect
changes in Social Security Administration procedures governing the issuance of s
ocial
security numbers.
The Social Security Administration now generally requires evidence of age, citiz
enship, and
identity of applicants for social security numbers. Therefore, the Social Securi
ty
Administration will no longer honor requests for numbers by financial institutio
ns on behalf of
customers.
Financial institutions must, within forty-five days after an account is opened,
secure and
maintain a record of taxpayer identification numbers of customers opening share
or deposit
accounts after June 30, 1972. For individuals, the taxpayer identification numbe
r is his social
security number. If an account is opened in more than one individual's name, the
financial
institution should secure and maintain the social security number of at least on
e individual
having a financial interest in that account. For corporations, partnerships, and
other entities, it
is the IRS employer identification number. Instances in which a taxpayer identif
ication number
need not be secured remain as printed in the Federal Register (38 FR 3341 (1973)
).
If a financial institution has been unable to secure the required identification
number within
the forty-five day period, it shall be in compliance with this requirement if (I
) it has made a
reasonable effort to secure the number, and (ii) it maintains a list containing
the names,
addresses, and account numbers of those persons for whom it has been unable to s
ecure an
identification number and makes the names, addresses, and account numbers of tho
se
persons available to the Secretary as directed by him.
Policy Manual
A reasonable effort to obtain a taxpayer identification number should include th
e mailing of a
written request. The request should inform the customer that the bank is require
d to maintain,
for the use of the Department of the Treasury, a list of customers who have fail
ed to supply
the financial institution with a TIN within the forty-five day period.
Dated: August 30, 1974.
[Source: 39 Fed. Reg. 32336, September 6, 1974]

While this is an interesting historical reference, it is not the law and relianc
e upon it as law
is dangerous. Immediately after being published in the Federal Registers, these
regulations
were also published in the Code of Federal Regulations. When citing laws and reg
ulations
bankers would be wise to refer to a current copy of the United States Code or th
e Code of
Federal Regulations where the statute reflects the currently enforceable laws an
d regulations.
However, the above historical information copied from the Federal Register more
than
twenty years ago and the current regulation both reflect the requirement that th
e financial
institution must request a social security number or taxpayer ID number when ope
ning an
account and that the financial institution is not in violation of the law or reg
ulation if they
made a reasonable effort to get an identity number.
Additionally, you should note that the FDIC Law, Regulations and Related Acts al
so
contain the following Privacy Act notification:
8000 -Miscellaneous Statutes and Regulations
Findings and purpose of the Privacy Act of 1974." Section 2 of the Act of Decembe
r 31, 1974
(Pub. L. No. 93-579; 88 Stat. 1896), which enacted section 552a of title 5, Unit
ed States
Code, provides as follows:
SEC. 2. (a) The Congress finds that
(1) The privacy of an individual is directly affected by the collection, mainten
ance, use,
and dissemination of personal information by Federal agencies;
(2) the increasing use of computers and sophisticated information technology, wh
ile
essential to the efficient operations of the Government, has greatly magnified t
he harm to
individual privacy that can occur from any collection, maintenance, use, or diss
emination
of personal information;
(3) the opportunities for an individual to secure employment, insurance, and cre
dit, and
his right to due process, and other legal protections are endangered by the misu
se of
certain information systems;
(4) the right to privacy is a personal and fundamental right protected by the Co
nstitution of
the United States; and
(5) in order to protect the privacy of individuals identified in information sys
tems
maintained by Federal agencies, it is necessary and proper for the Congress to r
egulate
the collection, maintenance, use, and dissemination of information by such agenc
ies.
(b) The purpose of this Act is to provide certain safeguards for an individual a
gainst an
invasion of personal privacy by requiring Federal agencies, except as otherwise
provided
by law, to
(1) permit an individual to determine what records pertaining to him are collect
ed,
maintained, used, or disseminated by such agencies;
Financial Issues
(2) permit an individual to prevent records pertaining to him obtained by such a
gencies
for a particular purpose from being used or made available for another purpose w
ithout
his consent;
(3) permit an individual to gain access to information pertaining to him in Fede
ral
agency records, to have a copy made of all or any portion thereof, and to correc
t or
amend such records;
(4) collect, maintain, use, or disseminate any record of identifiable personal i
nformation
in a manner that assures that such action is for a necessary and lawful purpose,
that
the information is current and accurate for its intended use, and that adequate
safeguards are provided to prevent misuse of such information;
(5) permit exemptions from the requirements with respect to records provided in
this
Act only in those cases where there is an important public policy need for such
exemption as has been determined by specific statutory authority; and
(6) be subject to civil suit for any damages which occur as a result of willful
or
intentional action which violates any individual's rights under this Act.
Disclosure of social security account numbers. Section 7 of the Act of December
31, 1974
(Pub. L. No. 93-579; 88 Stat. 1909), effective December 31, 1974, provides as fo
llows:
SEC. 7. (a)(1) It shall be unlawful for any Federal, State, or local government
agency to
deny to any individual any right, benefit, or privilege provided by law because
of such
individual's refusal to disclose his social security account number.
(2) the provisions of paragraph (1) of this subsection shall not apply with resp
ect to-(
A) any disclosure which is required by Federal statute, or
(B) the disclosure of a social security number to any Federal, State, or local a
gency
maintaining a system of records in existence and operating before January 1, 197
5, if
such disclosure was required under statute or regulation adopted prior to such d
ate
to verify the identity of an individual.
(b) Any Federal, State, or local government agency which requests an individual
to
disclose his social security account number shall inform that individual whether
that
disclosure is mandatory or voluntary, by what statutory or other authority such
number is
solicited, and what uses will be made of it.
This portion of the law remains intact and is codified in the current United Sta
tes Code in
several places including, a specific application to the banks and financial inst
itution:
31 USC §1.32 Use and disclosure of social security numbers
(a) In general. An individual shall not be denied any right, benefit, or privile
ge provided by law
by a component because of such individual's refusal to disclose his social secur
ity number.
(b) Exceptions. The provisions of paragraph (a) of this section shall not apply
with respect to:
(1) Any disclosure which is required by Federal statute, or
(2) The disclosure of a social security number to any Federal, State, or local a
gency
maintaining a system of records in existence and operating before January 1, 197
5, if such
disclosure was required under statute or regulation adopted prior to such date t
o verify the
identity of an individual.
Policy Manual
(c) Requests for disclosure of social security number. Any component which reque
sts an
individual to disclose his or her social security account number shall inform th
at individual
whether:
(1) Disclosure is mandatory or voluntary.
(2) By what statutory or other authority such number is solicited, and
(3) What uses will be made of it. (See section 7 of the Privacy Act of 1974 set
forth at 5
U.S.C. 552a, note.)
This law clearly states that in the matter of money and finance that An individua
l shall
not be denied any right, benefit, or privilege provided by law by a component be
cause of such
individual's refusal to disclose his social security number.
A new area of law that the banks and financial institutions are attempting to en
force, is the
requirement that the federal government has put upon the States to create laws t
hat are
beyond the legal limits of Congressional authority. That is, Congress is attempt
ing to force
the States to do that which they cannot legally do themselves. Of course, they n
eglect to
recognize that if the federal Congress cannot do it, then the State cannot do it
either.
However, regardless of the Constitutional authority, or lack thereof, these new
laws are
causing additional difficulty for the unenumerated.
42 USC §666. Requirement of statutorily prescribed procedures to improve effective
ness of
child support enforcement
(a) Types of procedures required
(17) Financial institution data matches.
(A) In general. Procedures under which the State agency shall enter into agreeme
nts with
financial institutions doing business in the State
(i) to develop and operate, in coordination with such financial institutions, a
data match
system, using automated data exchanges to the maximum extent feasible, in which
each
such financial institution is required to provide for each calendar quarter the
name, record
address, social security number or other taxpayer identification number, and oth
er identifying
information for each noncustodial parent who maintains an account at such instit
ution and
who owes past-due support, as identified by the State by name and social securit
y number or
other taxpayer identification number; and
(ii) in response to a notice of lien or levy, encumber or surrender, as the case
may be, assets
held by such institution on behalf of any noncustodial parent who is subject to
a child support
lien pursuant to paragraph (4).
However, this section only defines a procedures under which the State agency sha
ll enter
into agreements with financial institutions. It contains no provisions for colle
cting or
requiring identification numbers from customers.
Financial Issues
Financial institutions also frequently cite 26 USC §6109 as their reliance for the
social
security number mandate:
26 USC §6109. Identifying numbers
(a) Supplying of identifying numbers
When required by regulations prescribed by the Secretary:
(1) Inclusion in returns
Any person required under the authority of this title to make a return, statemen
t, or other
document shall include in such return, statement, or other document such identif
ying number
as may be prescribed for securing proper identification of such person.
(2) Furnishing number to other persons
Any person with respect to whom a return, statement, or other document is requir
ed under the
authority of this title to be made by another person or whose identifying number
is required to
be shown on a return of another person shall furnish to such other person such i
dentifying
number as may be prescribed for securing his proper identification.
(3) Furnishing number of another person
Any person required under the authority of this title to make a return, statemen
t, or other
document with respect to another person shall request from such other person, an
d shall
include in any such return, statement, or other document, such identifying numbe
r as may be
prescribed for securing proper identification of such other person.
This law requires the financial institution to request from certain customers th
at they
include that identifying number on applicable returns. The law also states that
a customer
shall furnish to such other person [the financial institution] such identifying n
umber as may
be prescribed. This confusing statement does not demand a customer to furnish an
identifying number (see definition for shall at beginning of this manual), but i
s instead telling
the customer which number he shall use, should he choose to furnish it. There is
no mandate
within this section requiring a customer to obtain a social security number so h
e can provide
it to the financial institution and there is no requirement for an unenumerated
person to
provide a social security number.
Additionally, the Internal Revenue Code and regulations do not contain an absolu
te
requirement that any financial institution must provide the customer s social secu
rity number
to the Internal Revenue Service. The regulation interpreting 26 USC §6109 provides
:
26 CFR §301.6109-1(c)
If he does not know the taxpayer identifying number of the other person, he shal
l request
such number of the other person. A request should state that the identifying num
ber is
required to be furnished under the authority of law. When the person filing the
return,
statement, or other document does not know the number of the other person, and h
as
complied with the request provision of this paragraph, he shall sign an affidavi
t on the
transmittal document forwarding such returns, statement, or other documents to t
he Internal
Revenue Service so stating.
The applicable federal statute and regulation place a duty on the financial inst
itution to
request a taxpayer identifying number from the customer. However, after requesti
ng the
number, if the financial institution is still unable to obtain an identifying nu
mber from the
customer, then the financial institution only needs to include an accompanying a
ffidavit
stating that the request for the number was made.
Policy Manual
Until December 1989, 26 U.S.C. §6676 (1989), set forth the penalties for failing t
o supply
the Internal Revenue Service with the identifying number. This section states th
at a $50.00
penalty will be imposed for failure of an employer to provide an identifying num
ber on any
document filed with the Internal Revenue Service unless it is shown that the fai
lure is due to
reasonable cause and not willful neglect. The regulation interpreting the statut
e provides:
26 CFR §301.6109-1
(c) a payer is required to request the identifying number of the payee. If after
such a request
has been made, the payee does not furnish the payer with his identifying number,
the penalty
will not be assessed against the payer.
The Omnibus Budget Restoration Act of 1983 (Pub. Law 101-239, Title VII, Section
7711(b)(1)), repealed Section 6676 of the Internal Revenue Code effective for st
atements or
documents filed after December 31, 1989. Since December 31, 1989, Code Section 6
723 has
governed the failure to comply with information reporting requirements. Section
6723
provides that a penalty of $50.00 shall be assessed for each failure to comply w
ith a reporting
requirement. However, 26 USC §6724, provides for a waiver of any penalties assesse
d under
the code upon a showing of reasonable cause. Section 6724(a) provides:
26 USC §6724(a)
No penalty shall be imposed under this part with respect to any failure if it is
shown that such
failure is due to reasonable cause and not willful neglect.

Therefore, the Code and regulations mandate a payer only to request the identify
ing
number of the employee or payee. If after such a request has been made, the paye
e does not
furnish the payer with his identifying number, the penalty will not be assessed
against the
payer, upon the filing of an affidavit with the Internal Revenue Service stating
that a request
for the payee's identifying number was made.
Banking
As explained above, current federal regulations require financial institution an
d some
other businesses to request social security numbers or taxpayer ID numbers from
their
customers. The law clearly does not require the customer to disclose or provide
that
information. Furthermore, the law waives penalties if the financial institution
shows that
absence of the number is due to reasonable cause and not willful neglect. As you
review each
provision of law where a financial institution is required to request a taxpayer
ID number or
social security number, we find that the law provides for customers who may not
have or not
wish to disclose such number.
Financial Issues
Financial Transaction Involving Currency of More than $10,000
Any financial institution or casino which does a currency transaction of more th
an
$10,000 is expected to obtain the identification of the person making that trans
action. 31 CFR
§103.28 defines that requirement as follows:
31 CFR §103.28 Identification required.
Before concluding any transaction with respect to which a report is required und
er Sec.
103.22, a financial institution shall verify and record the name and address of
the individual
presenting a transaction, as well as record the identity, account number, and th
e social
security or taxpayer identification number, if any, of any person or entity on w
hose behalf
such transaction is to be effected. Verification of the identity of an individua
l who indicates
that he or she is an alien or is not a resident of the United States must be mad
e by passport,
alien identification card, or other official document evidencing nationality or
residence (e.g., a
Provincial driver's license with indication of home address). Verification of id
entity in any other
case shall be made by examination of a document, other than a bank signature car
d, that is
normally acceptable within the banking community as a means of identification wh
en cashing
checks for nondepositors (e.g., a drivers license or credit card). A bank signat
ure card may be
relied upon only if it was issued after documents establishing the identity of t
he individual
were examined and notation of the specific information was made on the signature
card. In
each instance, the specific identifying information (i.e., the account number of
the credit card,
the driver's license number, etc.) used in verifying the identity of the custome
r shall be
recorded on the report, and the mere notation of ``known customer'' or ``bank si
gnature card
on file'' on the report is prohibited.
Note, that this regulation does not require a social security number. This secti
on simply
states that the institution shall verify and record the name and address of the i
ndividual
presenting a transaction, as well as record the identity, account number, and th
e social
security or taxpayer identification number, if any, . The term if any correctly
acknowledges that the person may not have, or may not choose to provide a social
security
number. However, if that person does provide a social security or taxpayer ident
ification
number, then the financial institution is required to record it.
Purchase of Bank Checks or Drafts for $3,000 or More
Federal regulations, 31 CFR §103.28 requires that No financial institution may issu
e or
sell a check for $3,000 or more unless it maintains records of the following (2)
If
the purchaser does not have a deposit account with the financial institution: (i
)(A) The name
and address of the purchaser; (B) The social security number of the purchaser, o
r if the
purchaser is an alien and does not have a social security number, the alien iden
tification
number .
This regulation seems to imply that a financial institution is prohibited from s
elling checks
to customers without social security numbers unless they are aliens. Many financ
ial
institutions regard this as their statutory mandate and illegally refuse to sell
checks to
unenumerated customers. Financial institutions need to read and implement the re
cording
Policy Manual
requirements directed in 31 CFR §103.28. As an unenumerated customer, you may need
to
point this out occasionally. That regulation provides, in part:
the originator s bank shall obtain and retain a record of the name and address, th
e type of
identification reviewed, the number of the identification document (e.g., driver s
license), as
well as a record of the person s taxpayer identification number (e.g., social secu
rity or
employer identification number) or, if none, alien identification number or pass
port number
and country of issuance, or a notation in the record of the lack thereof.
This regulation is the legal recording requirement that a financial institution
must comply
with. Note that the financial institution is specifically required to make a not
ation in the
record of the lack thereof if you do not have or provide a taxpayer identificati
on number
(social security or employer identification number).
Brokerage Accounts
Brokers or dealers are required to ask their customers for social security numbe
rs.
However, 31 CFR §103.35 provides that they are not deemed to be in violation of thi
s
section if: (i) [they have] made a reasonable effort to secure such identificati
on .
For legal protection, brokers and dealers should obtain a signed statement from
their
unenumerated customers verifying that they requested the number but were unable
to obtain
it. Additionally as an unenumerated customer, you should be willing to offer suc
h a
statement.
Certificate of Deposit Accounts
Most banks are very reluctant to open a deposit account for unenumerated custome
rs
because they wrongly believe that Federal regulations require them to record tax
payer
identification numbers for each customer. They often cite 31 CFR §103.34 as the ma
ndate
requiring them to obtain, thus requiring you to provide a taxpayer identificatio
n or social
security number.
31 CRF §103.34 Additional records to be made and retained by banks.
(a)(1) With respect to each certificate of deposit sold or redeemed after May 31
, 1978, or
each deposit or share account opened with a bank after June 30, 1972, a bank sha
ll, within
30 days from the date such a transaction occurs or an account is opened, secure
and
maintain a record of the taxpayer identification number of the customer involved
; or where the
account or certificate is in the names of two or more persons, the bank shall se
cure the
taxpayer identification number of a person having a financial interest in the ce
rtificate or
account. In the event that a bank has been unable to secure, within the 30-day p
eriod
specified, the required identification, it shall nevertheless not be deemed to b
e in violation of
this section if
Financial Issues
(i) it has made a reasonable effort to secure such identification, and
(ii) it maintains a list containing the names, addresses, and account numbers of
those
persons from whom it has been unable to secure such identification, and makes th
e names,
addresses, and account numbers of those persons available to the Secretary as di
rected by
him. A bank acting as an agent for another person in the purchase or redemption
of a
certificate of deposit issued by another bank is responsible for obtaining and r
ecording the
required taxpayer identification, as well as for maintaining the records referre
d to in
paragraphs (b) (11) and (12) of this section. The issuing bank can satisfy the r
ecordkeeping
requirement by recording the name and address of the agent together with a descr
iption of
the instrument and the date of the transaction. Where a person is a non-resident
alien, the
bank shall also record the person's passport number or a description of some oth
er
government document used to verify his identity.
Certainly banks are required to ask their customers for taxpayer identification
or social
security numbers. However 31 CFR §103.34 also provides that the bank is not deemed
to be
in violation of this section if: (i) it has made a reasonable effort to secure s
uch identification
.
For legal protection, banks should obtain a signed statement from their unenumer
ated
customers verifying that they requested the number but were unable to obtain it.
Additionally
as an unenumerated customer, you should be willing to offer such a statement.
Checking Accounts
There are no regulatory requirements for obtaining taxpayer identification or so
cial
security numbers for checking accounts. However, it is reasonable to expect the
banks to
request a social security number or TIN when opening a checking or deposit accou
nt.
However, there is no requirement for a customer to provide a social security num
ber.
Policy Manual
Proof of Reasonable Effort to Secure Identifying Numbers
It is prudent that every business develop proof that it complied with various re
quirements
to ask customers for, and was unable to obtain, a social security number. The fo
llowing form
(or similar) should be used with those customers for their signature:
Form P-1 Reasonable Cause Affidavit by Payor
For Not Obtaining Payee s Identifying Number
 Release From Penalty 26 U.S.C. §6724(a)
Employer s/Payor s name and address Wells Fargo Bank, 512 Broadway,
King City, CA 93930
Employer identification number
4872301 37
Employer/Payor statement:
I _______________________________, being an officer of _________________________
____________,
hereby state that I have asked for the identifying number of the employee/payee,
_____________________________________ who has declined to provide an identifying
number. I am filing
Cynthia Lewis Wells Fargo Bank

George Williamson
this affidavit in accordance with 26 USC 6724, waiver of penalty (26 USC 6724(a)
) assessed under the code
upon a showing of reasonable cause, and Treasury Regulation 301.6109-1(c).
I certify that the information stated here is correct and that I asked the emplo
yee/payee for a taxpayer ID
number (Social security number) and that the employee/payee declined to provide
such number.
Employer/Payor signature

Cynthia Lewis Cynthia Lewis Date

Sept. 18, 1999
Employee/Payee information
Type or print employee/payee first name and initial Last name Social security nu
mber (write None if you do not have a SSN or
Declined if you do not wish to provide a SSN)
Home address (number and street or rural route) Employee/payee statement:
I ____________________________________ have
declined to provide an identifying number to my
employer/payor, __________________________. City or town, State and ZIP code
George Williamson
812 North 3rd Street
San Ardo, Calif.
Wells Fargo Bank
George Williamson
NONE
I certify that the information stated here is correct and the employer/payor did
ask me for a taxpayer ID
number (social security number) and that I declined to provide such number.
Employee/payee signature
9/28/99

George Williamson George Williamson

Date

26 USC §6724, waiver of penalty (26 USC §6724(a)) assessed under the code upon a sho
wing of reasonable cause, and Treasury
Regulation 301.6109-1(c) Treasury Regulation 301.6109-1(c) provides: .... When t
he person filing the return statement, or other document
does not know the SSN of the other person, and has complied with the request pro
vision of this paragraph, he shall sign an affidavit on
the transmittal document forwarding such returns, statements, or other documents
to the Internal Revenue Service so stating. A payor
is required to request the identifying number of the payee. If after such reques
t has been made, the payee does not furnish the payor with
an identifying number, the penalty ($50.00) will not be assessed against the pay
or, if it is shown that such failure is due to reasonable
cause and not willful neglect. [See also 26 USC §6724, waiver of penalty (26 USC §67
24(a)) assessed under the code upon a showing
of reasonable cause.]
Public Domain Privacy Form P-1 (02) 1999
Opening an Account
Nearly any bank will allow customers to open the so-called no/low-interest Christ
mas
accounts that are used for saving small sums of money for Christmas shopping or s
ome
other special day. Additionally, parents, or children can open a child s savings a
ccount or
college fund account without providing social security numbers.
While, these accounts have their purposes, they are not primarily the kinds of a
ccounts
that most unenumerated people want to open. Many of us also have serious banking
needs
just like other people in our American society. However, one of the problems is
that the
banking industry has joined, in a way, with the government in attempting to forc
e people into
Financial Issues
enumeration. You are going to find that it is difficult to open an account witho
ut a social
security number or TIN; difficult, but not impossible, if you are persistent.
Many people take the hard-nosed approach of trying to force a bank into opening
an
account without a social security number. They go into the bank, fill out the ap
plication,
leave the social security number field blank, or write NONE in the space, and th
en get angry
when the application is rejected. They do all of this without ever having a cons
tructive
conversation with the bank manger first. Usually this rejection is not primarily
because they
didn t provide a social security number, but instead because the bank interpreted
them as a
security risk. Banks do have a real concern about security and the trustworthine
ss of their
customers and you should respect that concern since they will soon be holding yo
ur money in
trust. Obviously, it would be tragic if they were to give your money to somebody
who was
impersonating you.
TheNice-GuyApproach
There are primarily two reasons for beginning with this approach. First, it occa
sionally
does work, thus eliminating the need for other action and you need to establish
some degree
of trustworthiness anyway. Secondly, the bank or its manager is more likely to p
rovide you
with the evidence that you will need should you decide to challenge them more se
riously.
If your banking needs are not great, for example you only need an account so you
can cash
checks without incurring a check-cashing charge, or you want to open a secured c
redit card
or debit card account, then you might simply visit the bank and talk with the br
anch manager.
Before filling out any paper work, simply explain to the person that you do not
have a social
security number and would like to open an account that covers your simple needs,
and would
like their advice on how the bank might help you. This direct, honest approach w
ill often
yield an account that fills your need.
If you need an account because you have a lot of money, don t worry about it, the
bank
will do everything in its power, even waiving its policy to attract your busines
s. Such
accounts usually involve a balance of $15,000 or more and the more the better. T
his is
particularly true if you are an established business person in your community.
The opening-an-account problems normally occur with the average person who depos
its
his paycheck and uses a checking account to pay bills and do shopping. Banks and
other
financial institutions are creatures of habit, and the habit for determining tru
stworthiness is
doing a credit check using your name and social security number. The absence of
a credit
report, combined with the absence of a social security number is a red flag to mos
t bankers
and they simply choose to avoid you because they think there is something seriou
sly wrong.
A social security number is not necessary for a good credit history report from
the major
credit reporting companies. If you are unenumerated or you ve been resisting discl
osure of a
social security number, you may have a credit history file that does not include
a social
security number letting the banker know that, will go well in your favor.
Establishing trust with a banker when you have no social security number and no
credit
history will be difficult. The first problem that bankers have is that they norm
ally don t
believe you when you say you have no social security number. That initial doubt
is quickly
overcome if you have a credit history that does not include a social security nu
mber. In the
Policy Manual
absence of a credit history, you will need to talk to the manager or operations
manager about
establishing trustworthiness in some other way. Showing trustworthiness is one k
ey to
opening the account you need.
If your application for an account is rejected (it most likely will be), it is i
mportant that
you remain polite and wishful. Your niceness remains important because we need t
he bank to
document the reason they rejected your application. Therefore, you need to follo
w-up with a
letter to the branch manager so that the bank will state their reason for reject
ing your
applications. You may use the sample letter First Response to Account Rejection on
page 237. (Note, it is important that you do not include your telephone number o
n any letters.
This prevents them from calling you and forces them to write any reply.)
The bank s branch manager should reply to your letter by listing the items you nee
d to
correct in order to open the account. Additionally, they should expand upon thei
r reason for
demanding a social security number. Usually they will include something such as
the
following:
Federal regulations require that we obtain a social security number or tax ident
ification
number for many types of accounts, such as bank deposit accounts that pay intere
st.

Get a little Tougher

In this phase we will challenge the financial institution s reason for denying you
an
account. Generally, their reason relies upon one of the following assertions:

Law The financial institution will state that federal law requires customers doi
ng
business with them to disclose a social security number.
Policy The financial institution will state that it is their policy to require a
ll
customers doing business with them to disclose a social security number.
Sometimes their reason will combine both a policy and legal statement.
Their reason for rejecting our application determines what we say next. If it is
simply a
it s our policy kind of rejection, then we challenge them with the privacy act. Howe
ver if
they base their rejection on law, then we will also do a privacy act challenge a
nd we will add
an under color of law violation warning.
Challenging Their Assertion of Law
Attempting to trick or intimidate somebody into doing what you wish by telling t
hem that
it is the law, when it is not the law, is a felony. It is legal to tell someone
to do something
without reason, but is illegal to tell somebody that they must do something beca
use a
nonexistent law requires them to do it. For example, I can legally say to you you
must get a
social security number. But, I cannot legally say to you you must get a social sec
urity
number; it s the law and you will go to jail if you don t get one. In the first examp
le, I
simply told you, without giving any reason, to get a number. However, in the sec
ond example
I attempted to intimidate you into getting a number by lying about the law. Fede
ral law
makes it a crime to trick you under color of law into doing something that you are
not
required to do.
Financial Issues
18 USC §245 provides criminal penalties for prohibiting a person, under color of l
aw,
from freely enjoying the benefits of being a citizen.
18 USC §245. Federally protected activities
(b) Whoever, whether or not acting under color of law, by force or threat of for
ce willfully
injures, intimidates or interferes with, or attempts to injure, intimidate or in
terfere with
(1) any person because he is or has been, or in order to intimidate such person
or any other
person or any class of persons from
(B) participating in or enjoying any benefit, service, privilege, program, facil
ity, or activity
provided or administered by the United States;
(C) applying for or enjoying employment, or any perquisite thereof, by any agenc
y of the
United States;
(F) enjoying the goods, services, facilities, privileges, advantages, or accommo
dations
shall be fined under this title, or imprisoned not more than one year, or both;
18 USC §242 provides criminal penalties for prohibiting a person, under color of l
aw,
from freely enjoying the benefits of being a citizen because of the race or reli
gious beliefs.
This is important because many people s objection to a social security number is b
ased on
their religious belief that it is a type of mark.
18 USC §242. Deprivation of rights under color of law
Whoever, under color of any law, statute, ordinance, regulation, or custom, will
fully subjects
any person in any State, Territory, Commonwealth, Possession, or District to the
deprivation
of any rights, privileges, or immunities secured or protected by the Constitutio
n or laws of the
United States, or to different punishments, pains, or penalties, on account of s
uch person
being an alien, or by reason of his color, or race, than are prescribed for the
punishment of
citizens, shall be fined under this title or imprisoned not more than one year,
or both
42 USC §1983 provides civil penalties for prohibiting a person, under color of law
,from
freely enjoying the benefits of being a citizen.
42 USC §1983. Civil action for deprivation of rights
Every person who, under color of any statute, ordinance, regulation, custom, or
usage, of any
State or Territory or the District of Columbia, subjects, or causes to be subjec
ted, any citizen
of the United States or other person within the jurisdiction thereof to the depr
ivation of any
rights, privileges, or immunities secured by the Constitution and laws, shall be
 liable to the
party injured in an action at law, suit in equity, or other proper proceeding fo
r redress.
It should be clearly obvious that it is not only against the law to use the colo
r of law when
attempting to get people to do what you want, but it is also foolish since it co
uld result in
serious fines and imprisonment.
Most bank managers are reasonably aware that 31 CFR §103.34 requires them to reque
st a
social security number from customers. However, few of them are aware that the s
ame law
does not require a customer to provide the number and that the law actually prov
ides for the
likelihood that many customers will not give them the number they request. It is
legally
proper for a financial institution to say I am required by law to ask you for a s
ocial security
number. It is asserting illegally, under the color of law to say the law requires
you to
provide a social security number.
Policy Manual
When a financial institution rejects our application for an account based upon t
he incorrect
idea that the law requires us to give them a social security number, then they m
ay be
attempting to intimidate us under the color of law into giving them what the law d
oes not
actually require. When this happens we need to send them a letter similar to the
Second
Response Compliance with Law on page 239 and attach a copy of the following notic
e.
Form COL Violation Warning
Denial of Rights Under Color of Law
 Violation Warning 18 U.S.C. §242; 18 U.S.C. §245; 42 U.S.C. §1983
Name and address of Citizen
Mary Coppersmith
37 Cyprus
Carmel, Calif.
Name and address of Notice Recipient
Bank of America
85 Carmel Valley Road
Carmel Valley, CA 93923
Windy Seaman
Citizen s statement:
Recipient Windy Seaman, demanded I provide a social security number
before providing service. Windy stated that it was required by law.

I certify that the forgoing information stated here is true and correct.
Citizen s signature
9/24/99
Mary Coppersmith Mary Coppersmith

Date

Legal Notice and Warning

Federal law provides that it is a crime to violate the Rights of a citizen under
the color-of-law. You
can be arrested for this crime and you can also be held personally liable for ci
vil damages.
Attempting to cause a person to do something by telling that person that such ac
tion is required by law, when
it is not required by law, may be a felony.

18 USC §242 provides that whoever, under color of any law, statute, ordinance, reg
ulation, or custom,
willfully subjects any person in any State, Territory, Commonwealth, Possession,
or District to the deprivation
of any rights, privileges, or immunities secured or protected by the Constitutio
n or laws of the United States
... shall be fined under this title or imprisoned not more than one year, or bot
h.
18 USC §245 provided that Whoever, whether or not acting under color of law, intim
idates or interferes with
any person from participating in or enjoying any benefit, service, privilege, pr
ogram, facility, or activity
provided or administered by the United States; [or] applying for or enjoying emp
loyment, or any perquisite
thereof, by any agency of the United States; shall be fined under this title, or
imprisoned not more than one
year, or both.
42 USC §1983 provides that every person who, under color of any statute, ordinance
, regulation, custom,
or usage, of any State or Territory or the District of Columbia, subjects, or ca
uses to be subjected, any citizen
of the United States or other person within the jurisdiction thereof to the depr
ivation of any rights, privileges,
or immunities secured by the Constitution and laws, shall be liable to the party
injured in an action at law,
suit in equity, or other proper proceeding for redress.

Warning, you may be in violation of Federal Law and persisting with your demand
may lead to your arrest
and/or civil damages! Also understand that the law provides that you can be held
personally responsible and
liable, as well as your company or agency.

You are advised to cease and desist with your demand and to seek personal legal
counsel if you do not
understand the law.

Notice of Service:
I, Mary Coppersmith certify that I personally delivered this notice to above nam
ed recipient
and address on 9/24/99 at 11:06am
Public Domain Privacy Form COL(01)
Since the general concept of American law allows for people to occasionally make
mistakes, this letter and notice advises people of the possible violation. They
can now offer to
correct the violation by allowing you the account you seek, or they can stand-fa
st, now
knowing that they are acting in violation of law. Include with this letter the c
opies of the two
notices shown under Challenging Their Policy , as follows.
Financial Issues
Challenging Their Policy
A financial institution, or any business for that matter, cannot implement or en
force policy
that is contrary to law. They also cannot enforce policy based on the pretense o
f law, when
there is no such law. For example, attempting to enforce a policy that requires
customers to
disclose a social security number because of the mistaken belief that everybody
has (or is
required to have) a social security number is contrary to the law. Such policy i
s based on the
pretense of law because there is no law requiring a customer to have a social se
curity
number in the first place.
Therefore, we need to challenge the financial institution s policy against having
unenumerated customers. Use the Second Response Privacy Act Notice letter on
page 238 as a model and attach a copy of the following Constructive Notice and a c
opy of
the Citizen s Assertion of Legal Right to withhold disclosure of SSN. This serves to
notify
the financial institution that their policy violates the law and it violates you
r rights. These will
normally be passed along to their legal department very quickly and will usually
result in a
letter to you. Since their other option was to ignore you, such a letter, no mat
ter how arrogant,
is a positive indication that the legal department wants to negotiate. If you ta
ke the simple
approach of I understand and appreciate your concern, but I need to establish an
account and
I would really like to do that with your bank what must we do to accomplish this
? you
will usually find them ready to make an offer. It probably won t be the account yo
u
envisioned, but it will be an opening in the door that, in time, will allow you
to open the
account that you actually want. Be reasonable, persistent and patient and you wi
ll succeed.
Policy Manual
Serving Constructive Notice
The Constructive Notice serves to advise the financial institution that you are
aware of
your rights and that you are preparing to assert them. The notice also advises t
he financial
institution that an alternative does exist.
CONSTRUCTIVE NOTICE
To: (Person being served)
Date:
Windy Seaman

9/24/99

Of: (Name and address of Institution)

Bank of America
85 Carmel Valley Road
Carmel Valley, CA 93923

This instrument serves notice to the person and/or business, agency, corporation
or other entity that the below
named Citizen does not have and/or refuses to disclose a social security number.
This Right is protected under
the First, Fourth, Fifth, Ninth, and Tenth amendments to United States Constitut
ion and provisions of the
Privacy Act. The Privacy Act makes it unlawful to require an individual to discl
ose or furnish a social security
number for any purpose, unless the disclosure or furnishing of the number is spe
cifically required by law.
The federal courts have ruled that private sector solicitors may not obtain soci
al security numbers until they
comport their solicitations to comply with disclosure requirements of the Privac
y Act, including informing
customers of the voluntary nature of such disclosure, the source of authority fo
r requesting such disclosure,
and possible uses to which disclosed numbers might be put. Yeager v. Hackensack
Water Co., 615 F.Supp.
1087 (1985).
Any person who is found violating the rights of a Citizen may be subject to the
damages sustained by the
individual and the costs of the action together with attorney fees. See Doyle v.
Wilson, 529 F.Supp. 1343
(1982). Violation of 18 USC §§241, 242; 42 USC §§1983, 1985 1986 shall subject you perso
nally and may
also subject you to fines of up to $10,000.00, and imprisonment for up to ten ye
ars, or both.
Federal regulations provide you an alternative, 26 CFR §§31.6011, 301.6109 and 31 CF
R §§103.28, 103.34,
103.35, employers, banks and payers are required to ask for the social security
number, but they shall not be
in violation of this requirement if they have made a reasonable effort to secure
such identification and are
unable to secure the information.
Your policy must comply with the law and cannot violate the law or the Rights of
Citizens.
Compliance with the Law and this Citizen's intent, as expressly evidenced and im
plied by this
document, is demanded.
Noncompliance with this Notice and Demand shall result in the filing of a formal
complaint with the
appropriate State and federal agencies against the above named and/or representa
tive(s).
Constructive Notice issued by: Mary Coppersmith Mary Coppersmith
Representing: Self
Witness:David Jones David Jones Date 9/24/99
Public Domain Form CN(02)-1999
Financial Issues
Serving Citizen s Assertion of Legal Right
The Citizen s Assertion of Legal Right to withhold disclosure of SSN serves to adv
ise the
financial institution that you are aware of your rights and that you are prepari
ng to assert
them.
Form SSN Citizen s Assertion of Legal Right
to withhold disclosure of SSN
 Public Law 93-579 (Section 7)
Name and address of Citizen
Mary Coppersmith
37 Cyprus
Carmel, Calif.
Name and address of Notice Recipient
Bank of America
85 Carmel Valley Road
Carmel Valley, CA 93923
Windy Seaman
Citizen s statement:
Recipient Windy Seaman, demanded I provide a social security number
before providing service. Windy stated that it was required by law.

I certify that the forgoing information stated here is true and correct.
Citizen s signature
Sept. 24, 1999

Mary Coppersmith Mary Coppersmith

Date

Legal Notice and Warning

Federal law provides that it is a crime to violate the Rights of a citizen under
the color-of-law. You
can be arrested for this crime and can also be held personally liable for civil
damages.
Federal Law, Section 7 of Public Law 93-579 provides that: It shall be unlawful f
or any Federal, State or
local government agency to deny to any individual any right, benefit, or privile
ge provided by law because
of such individual's refusal to disclose his social security account number. Fede
ral courts have ruled the
Privacy Act applies equally to the private sector.
Warning, you are in violation of Federal Law and persisting with your demand may
lead to your arrest and/or
civil damages! The law provides that you can be held personally responsible and
liable, as well as your
company or agency.
There is no law requiring an individual to obtain or use a social security numbe
r. Your requirement and/or
demand that I provide a social security number to you is a violation of one or m
ore of the following laws: 4
CFR 83.9; 5 USC Sec. 552a; 7 CFR 1.123; 7 USC Sec. 2204g; 14 CFR 1212.604; 17 CF
R 249.501a; 19
CFR 118.11; 19 CFR 122.25; 19 CFR 24.5; 24 CFR 5.212; 28 CFR 16.53; 28 CFR 513.3
1; 28 CFR 700.25;
29 CFR 70a.10; 29 CFR 71.12; 31 CFR 1.32; 31 CFR 501.806; 32 CFR 270.19; 32 CFR
310.20; 32 CFR
311.5; 32 CFR 316.6; 32 CFR 317.20; 32 CFR 323.5; 32 CFR 505.2; 32 CFR 701.108;
32 CFR 806b.9; 38
CFR 1.575; 38 CFR 3.216; 38 USC Sec. 5101; 39 CFR 266.4; 45 CFR Part 801; 47 CFR
0.554; 49 CFR
10.29.
You are advised to cease and desist with your demand and to seek personal legal
counsel if you do not
understand the law.
Notice of Service:
I, Mary Coppersmith certify that I personally delivered this notice to above nam
ed recipient
and address on 9/24/99 at 11:06am
42 USC Sec. 408 provides that: Whoever ... (8) discloses, uses, or compels the di
sclosure of the social security number of any person
in violation of the laws of the United States; shall be guilty of a felony and u
pon conviction thereof shall be fined under title 18 or imprisoned
for not more than five years, or both.
18 USC §242 and 42 USC §1983 provides that: Whoever, under color of any law, statute
, ordinance, regulation, or custom, willfully
subjects any person in any State, Territory, or District to the deprivation of a
ny rights, privileges, or immunities secured or protected by
the Constitution or laws of the United States, ... shall be fined under this tit
le or imprisoned not more than one year, or both; 42 USC §1983
further provides that a violator shall be liable to the party injured in an actio
n at law, suit in equity, or other proper proceeding for redress.
Public Domain Privacy Form SSN(02) 2000
Getting Tough
If after doing what was suggested in Get a little Tougher the financial institutio
n still
refuses to open the account you requested, you will need to get tough with them.
Getting
tough, means that you are going to do one or both of the following:
Policy Manual

Sue them under the provisions of 42 USC §1983 which provides civil penalties for
prohibiting a person, under color of law, from freely enjoying the benefits of b
eing a
citizen.
Attempt to have them prosecuted under 18 USC §§242, 245 which provides criminal
penalties for prohibiting a person, under color of law, from freely enjoying the
benefits
of being a citizen.
Either way, you will need to have your evidence very well documented. The financ
ial
institution can bring huge legal resources to its defense and is likely to win s
imply because of
its legal bulk. However, if your case is well documented and your evidence is
overwhelmingly in your favor, they will seriously consider an out-of-court-settl
ement. Since
our goal has always been to open an account, this now becomes a very reasonable
and cost
effective settlement choice for the financial institution. Be sure to have the s
ettlement
contract written by an attorney so that it assures establishment of this account
.
Local Credit Union
Credit Unions operate along the idea of a co-op. That is, they serve a certain k
ind of
membership. Each credit union has a membership criteria that each person must me
et before
they can join. Among these are regional credit unions that serve a community, su
ch as a
county or city. The membership requirement for these credit unions is that you a
re a resident
of the community. They cannot, and normally will not, attempt to reject your enr
ollment
since you meet the membership requirement by living in the community. They will
ask you
for a social security number, but they cannot reject your application simply bec
ause of your
failure to provide one unless they have written that as a requirement into their
charter few
credit unions write that requirement into their charter because they mistakenly
assume that
everybody has a social security number. Local credit unions can provide an excel
lent
alternative for your banking needs.
Check Cashing
Many financial institutions require people who are cashing checks to have an acc
ount with
them or to pay a fee for that service. The best way to avoid the service charge
is to cash the
check at a bank upon which the check is drawn. A check is an order to the bank,
by the
account holder, to pay this amount of money out of their account on demand of th
e check.
That is, if you present the check to the bank that holds the account, they must
pay the face
amount of the check, without any service charges. Of course, this assumes that t
he person
who wrote the check has a real account there and funds to cover the check.
Unenumerated citizens who do not have a bank account and do wish to assert thems
elves
aggressively, can still cash checks, free of service fees, by going to the bank
(or any of its
branches) listed on the check.
Financial Issues
Credit
Establishing credit without a social security number is much like opening a bank
account
without a social security number. Understand that the issue is initially not you
r lack of a
social security number, but rather the lack of established trustworthiness. Ther
e are many
companies who want to lend you money, but only if they believe that they will ge
t their
money, plus interest returned in the manner agreed to. If you can prove that the
y will get their
money back, or provide some valuable collateral, then you will find somebody who
will
provide you the credit you need.
The key to obtaining credit is having a good credit history file with the major
credit
reporting companies. The credit reporting companies do not care whether or not y
ou have a
social security number, they simply record the information that you provide them
along with
the information that lenders give them that is all they do. You can establish a
credit history
file without a social security number and having a good credit history file is k
ey to obtaining
future credit and to banking.
The easiest places where you can establish new credit is with used car dealers a
nd
(overpriced) lay-away jewelry stores. However, if you live in a smaller communit
y, or have
an established business in your community, you can normally work with another lo
cal
business to help you establish the credit report you need. Remember that your in
itial concern
should not be with gaining credit for credit s sake, but getting credit for the pu
rpose of
establishing a credit history file that does not contain a social security numbe
r. See Credit
Reporting Agencies on page 92 for more information about credit reports.
Policy Manual
60
Dealing With Federal Agencies

Most Federal agencies ask people for a social security number but do not actuall
y require
an identity number from people. There is usually no issue involved when a person
declines to
provide a social security number to federal agencies.
However, there are a few hard requirements for a social security number that are
very
difficult, if not impossible to defeat. For example, the most obvious is that a
person cannot
receive social security benefits without obtaining and using a social security n
umber. Here
are few other examples:
Section-8 housing assistance
Food stamps
Government guaranteed loans
Student loans
Federal crop insurance
But even this requirement is not always true because the court has, on occasion,
defended
an individual s religious right against enumeration. For example, in Bowen v. Roy,
476 U.S.
693 (1986), the court ruled that the public interest in maintaining an efficient
and fraud-
resistant system could be met without requiring a social security number for the
child. The
court then enjoined the Secretary of Health and Human Services from using and
Policy Manual
disseminating the social security number issued in the child's name and also enj
oined the
federal and state defendants from denying appellees benefits.
Bowen v. Roy, 476 U.S. 693 (1986) Appellees applied for and received benefits unde
r the
Aid to Families with Dependent Children (AFDC) program and the Food Stamp progra
m.
They refused, however, to comply with the federal statutory requirements that pa
rticipants in
those programs furnish the state welfare agencies who administer the programs wi
th their
Social Security numbers and those of each member of their household as a conditi
on of
receiving benefits, and that each state agency utilize those numbers in administ
ering the
programs. Appellees contended that obtaining a Social Security number for their
2-year-old
daughter would violate their Native American religious beliefs. Thereafter, the
Pennsylvania
Department of Public Welfare terminated AFDC benefits payable to appellees on th
e child's
behalf and instituted proceedings to reduce the level of food stamps that appell
ees'
household was receiving. Appellees then filed an action in Federal District Cour
t, claiming
that the Free Exercise Clause of the First Amendment entitled them to an exempti
on from the
Social Security number requirements, and requesting injunctive and other relief.
Following a
trial in which it was disclosed that the child had in fact been assigned a Socia
l Security
number, the court held that the public interest in maintaining an efficient and
fraud-resistant
system could be met without requiring a Social Security number for the child. Th
e court then
enjoined the Secretary of Health and Human Services from using and disseminating
the
Social Security number issued in the child's name and also enjoined the federal
and state
defendants from denying appellees benefits, until the child's 16th birthday, bec
ause of their
refusal to provide a Social Security number for her.
Selective Service
Selective Service registration is defined in 50 USC §453. As shown below, section
(b)
directs the registrant to provide such identifying information (including date of
birth,
address, and social security account number) as such regulations may prescribe.
50 USC §453. Registration
(a) Except as otherwise provided in this title (sections 451 to 471a of this App
endix) it shall be
the duty of every male citizen of the United States, and every other male person
residing in
the United States, who, on the day or days fixed for the first or any subsequent
registration, is
between the ages of eighteen and twenty-six, to present himself for and submit t
o registration
at such time or times and place or places, and in such manner, as shall be deter
mined by
proclamation of the President and by rules and regulations prescribed hereunder.
The
provisions of this section shall not be applicable to any alien lawfully admitte
d to the United
States as a nonimmigrant under section 101(a)(15) of the Immigration and Nationa
lity Act, as
amended (66 Stat. 163; 8 U.S.C. 1101), for so long as he continues to maintain a
lawful
nonimmigrant status in the United States.
(b) Regulations prescribed pursuant to subsection (a) may require that persons p
resenting
themselves for and submitting to registration under this section provide, as par
t of such
registration, such identifying information (including date of birth, address, an
d social security
account number) as such regulations may prescribe.
Dealing With Federal Agencies
The appropriate regulations for this section are 32 CFR §1615.4 and 32 CFR §1615.6.
32 CFR §1615.4 Duty of persons required to register.
A person required by selective service law to register has the duty.

(a) To complete the Registration Card prescribed by the Director of Selective Se

rvice and to
record thereon his name, date of birth, sex, Social Security Account Number (SSA
N), current
mailing address, permanent residence, telephone number, date signed, and signatu
re; and
(b) To submit for inspection evidence of his identity at the time he submits his
completed
Registration Card to a person authorized to accept it. Evidence of identity may
be a birth
certificate, motor vehicle operator's license, student's identification card, Un
ited States
Passport, or a similar document.
32 CFR §1615.6 Selective service number.
Every registrant shall be given a selective service number. The Social Security
Account
Number will not be used for this purpose.

Registering Without a Social Security Number

The instruction accompanying Selective Service System Registration Form states t
hat If
you have a Social Security Account Number, it is mandatory that you include this
information.
Leave item 3 blank if you do not have a social security number or if do not wish
to provide
a social security number.
Military Service
Most people know that all branches of the United States military and national gu
ard use
the social security number as the military service number. What few people reali
ze is that
Policy Manual
federal regulations protect recruits and members of the military from divulging
a social
security number if they choose to keep it private. Executive Order 9397, Numberi
ng System
For Federal Accounts Relating to Individual Persons, provides that if the indivi
dual refuses
to disclose his/her social security number, the military activity must be prepar
ed to identify
the individual by alternate means. This is codified in regulations 32 CFR §310.20,
32 CFR
§505.4 and 32 CFR §806b.9:
32 CFR §310.20 (b) Collecting social security numbers (SSNs). (1) It is unlawful for
any
federal, state, or local governmental agency to deny an individual any right, be
nefit, or
privilege provided by law because the individual refuses to provide his or her S
SN. However,
if a federal statute requires that the SSN (4) Executive Order 9397, Numbering Sy
stem
For Federal Accounts Relating to Individual Persons, November 30, 1943, authorize
s
solicitation and use of SSNs as numerical identifier for individuals in most Fed
eral records
systems. However, it does not provide mandatory authority for soliciting SSNs. (
5) Upon
entrance into military service or civilian employment with the Department of Def
ense,
individuals are asked to provide their SSNs. The SSN becomes the service or empl
oyment
number for the individual and is used to establish personnel, financial, medical
, and other
official records. Provide the notification in paragraph (b)(2) of this section t
o the individual
when originally soliciting his or her SSN. After an individual has provided his
or her SSN for
the purpose of establishing a record, the notification in paragraph (b)(2) is no
t required
32 CFR §505.4 (c) social security number (SSN). Executive Order 9397 authorizes the
Department of the Army to use the SSN as a system of identifying Army members an
d
employees. Once a military member or civilian employee of the Department of the
Army has
disclosed his/her SSN for purposes of establishing personnel, financial, or medi
cal records
upon entry into Army service or employment, the SSN becomes his/her identificati
on number.
No other use of this number is authorized. Therefore, whether the SSN alone is r
equested
from the individual, or the SSN together with other personal information, the Pr
ivacy Act
Statement must make clear that disclosure of the number is voluntary. If the ind
ividual refuses
to disclose his/her SSN, the Army activity must be prepared to identify the indi
vidual by
alternate means.
32 CFR §806b.9 (a) Do not deny people a legal right, benefit, or privilege for refus
ing to give
their SSNs unless (c) Executive Order 9397, November 22, 1943, authorizes using
the
SSN as a personal identifier. This order is not adequate authority to collect an
SSN to create
a record. When law does not require disclosing the SSN or when the system of rec
ords was
created after January 1, 1975, you may ask for the SSN, but the individual does
not have to
disclose it. If the individual refuses to respond, use alternative means of iden
tifying records.
Prohibited from Requiring a Social Security Number
When you join the military service, if you do not have a social security number
or choose
not provide a social security number, the military will simply assign you a serv
ice number
that looks like a social security number.
Dealing With Federal Agencies
Passport
A passport is obtained by completing a United States Department of State Form DS
P-11,
Application for Passport/Registration and paying a fee. The form is available th
rough most
United States Post Offices.
Item 6 on the form asks for a social security number and refers you to a note on
page 2 of
the application. The instructions provide that if you have not been issued a soc
ial security
number, you should enter zeros in the box.
Enter Zeros or Leave it Blank
A social security number is not needed for obtaining a passport. The Item 6 box
is
included on the application to comply with the Internal Revenue Service requirem
ent to
collect taxpayer identification numbers (26 USC §6039E). Assuming all other requir
ements
are met, the Department of State will give you a passport even if you leave this
box blank.
26 USC §6039E. Information concerning resident status
(a) General rule
Notwithstanding any other provision of law, any individual who (
1) applies for a United States passport (or a renewal thereof), or
(2) applies to be lawfully accorded the privilege of residing permanently in the
United
States as an immigrant in accordance with the immigration laws, shall include wi
th any
such application a statement which includes the information described in subsect
ion
(b).
(b) Information to be provided
Information required under subsection (a) shall include (
1) the taxpayer's TIN (if any),
(2) in the case of a passport applicant, any foreign country in which such indiv
idual is
residing,
(3) in the case of an individual seeking permanent residence, information with r
espect
to whether such individual is required to file a return of the tax imposed by ch
apter 1
for such individual's most recent 3 taxable years, and
(4) such other information as the Secretary may prescribe.
(c) Penalty
Any individual failing to provide a statement required under subsection (a) shal
l be subject to
a penalty equal to $500 for each such failure, unless it is shown that such fail
ure is due to
reasonable cause and not to willful neglect.
(d) Information to be provided to Secretary
Notwithstanding any other provision of law, any agency of the United States whic
h collects (or
is required to collect) the statement under subsection (a) shall (
1) provide any such statement to the Secretary, and
(2) provide to the Secretary the name (and any other identifying information) of
any
individual refusing to comply with the provisions of subsection (a).
Policy Manual
Nothing in the preceding sentence shall be construed to require the disclosure o
f information
which is subject to section 245A of the Immigration and Nationality Act (as in e
ffect on the
date of the enactment of this sentence).
(e) Exemption
The Secretary may by regulations exempt any class of individuals from the requir
ements of
this section if he determines that applying this section to such individuals is
not necessary to
carry out the purposes of this section.
The law provides for a $500.00 penalty if you fail to answer this information co
rrectly.
However, according to United States General Accounting Office report GGD-98-106,
Nonfiling Among US Citizens Abroad (May 1998), this is never enforced. On page 3
, we read
the following:
First, although IRS obtains passport data from the State Department, it has made
little use
of this data; and in recent years, IRS has not attempted to penalize the large n
umber of
applicants who fail to furnish an SSN, as the law provides.
Although the Internal Revenue Service is not currently using this data, be aware
that they
could begin any time. Also understand, that there is no penalty if a social secu
rity number has
Dealing With Federal Agencies
not been issued. The Internal Revenue Service has the burden of proof to show th
at a social
security number has been issued.
Internal Revenue Service
The best kept secret in America is that the Internal Revenue Service never conta
cts or
issues correspondence regarding income tax to citizens who do not have, or use,
a social
security number.
Certainly it is more difficult for the IRS and other government agencies to trac
k people
who have no social security number which is why they push so hard to get everybo
dy
enumerated.
Of course, every American who owes income tax should pay what they owe whether
they are enumerated or not. Since unenumerated people pay exactly what they owe,
they are
more responsible and honest than government agencies that perpetuate the fraud,
or the
people who acquiesce in ignorance.
Any person who does not have a social security number may still pay any income t
hey
wish or any income tax that they owe.
omission of isolated information not seriously hampering the IRS's ability to ch
eck a
taxpayer's asserted tax liability --for example, the omission of a taxpayer's so
cial security
number or the nondisclosure of the names of one's dependent children --does not
invalidate
a return under section 7203. United States v. Grabinski, 727 F.2d 681, 686-87 (8
th Cir. 1984)
The 31% Withholding Myth
Most people, businesses and banks have been told that they must withhold 31 perc
ent of a
payment from a person who does not provide their social security number. Most pe
ople,
when threatened with a 31% withholding from their pay, quickly give in to the de
mand that
they must provide a social security number. The threat of the 31% assessment is
based upon
the reading of 26 USC §3406:
26 USC §3406. Backup withholding
(a) Requirement to deduct and withhold
(1) In general
In the case of any reportable payment, if (
A) the payee fails to furnish his TIN to the payor in the manner required,
(B) the Secretary notifies the payor that the TIN furnished by the payee is inco
rrect,
(C) there has been a notified payee underreporting described in subsection (c),
or
(D) there has been a payee certification failure described in subsection (d),
then the payor shall deduct and withhold from such payment a tax equal to 31 per
cent of
such payment.
(2) Subparagraphs (C) and (D) of paragraph (1) apply only to interest and divide
nd
payments Subparagraphs (C) and (D) of paragraph (1) shall apply only to reportab
le
interest or dividend payments.
Policy Manual
(b) Reportable payment, etc.
For purposes of this section (
1) Reportable payment
The term ''reportable payment'' means (
A) any reportable interest or dividend payment, and
(B) any other reportable payment.
(2) Reportable interest or dividend payment
(A) In general
The term ''reportable interest or dividend payment'' means any payment of a kind
,
and to a payee, required to be shown on a return required under (
i) section 6049(a) (relating to payments of interest),
(ii) section 6042(a) (relating to payments of dividends), or
(iii) section 6044 (relating to payments of patronage dividends) but only to the
extent such payment is in money.
(B) Special rule for patronage dividends
For purposes of subparagraphs (C) and (D) of subsection (a)(1), the term
''reportable interest or dividend payment'' shall not include any payment to whi
ch
section 6044 (relating to patronage dividends) applies unless 50 percent or more
of
such payment is in money.
(3) Other reportable payment
The term ''other reportable payment'' means any payment of a kind, and to a paye
e,
required to be shown on a return required under (
A) section 6041 (relating to certain information at source),
(B) section 6041A(a) (relating to payments of remuneration for services),
(C) section 6045 (relating to returns of brokers),
(D) section 6050A (relating to reporting requirements of certain fishing boat
operators), but only to the extent such payment is in money and represents a sha
re
of the proceeds of the catch, or
(E) section 6050N (relating to payments of royalties).
When you consider that TIN means taxpayer identification number and that another
section of law defines the TIN as also meaning an individual s social security num
ber, then a
quick reading of this section certainly appears to mandate the 31 percent withho
lding from
two categories:
(A) reportable interest or dividend payment, and
(B) any other reportable payment
We don t need to review the sections of law defining reportable interest or divide
nd
payment because that section pretty much defines what most of us expect interest
and
dividend payments to be. Interest from a bank savings account, for example is th
e money that
the bank pays you for letting them use your money. The interest is calculated ba
sed upon the
principle amount of money you have deposited with them. This law withholds 31% o
f the
interest and does not harm the principle. For example, if you deposit $1,000.00
in a simple
interest-bearing account that pays you 5% interest, the bank would pay $50.00. I
f you do not
give them a TIN, they will withhold $15.50 (31% of $50.00) from the interest pay
ment. The
Dealing With Federal Agencies
withholding has the same effect as paying you only 3.45% interest on your accoun
t rather
than 5%. Some people find the privacy gained from the lower interest account wor
th the cost.
Regardless of how the banker words the threat to withhold 31% they can only with
hold
from the interest that they pay you; they cannot touch the principle.
Threatening to withholding 31% of reportable income is taken much more seriously
when
it is 31% of your labor compensation (paycheck). However, as with most tax law,
this too is
not as clear as it first appears; there are several things to consider. First is
the issue of
reportable payment. Secondly we need to understand the legal meaning of the word fa
il.
The meaning of reportable payment is given to us in subsection (b), but we must lo
ok to
Black s Law Dictionary for the meaning of fail.
Reportable Payment
Specifically, for our understanding of reportable payment we need to look at subse
ction
(3) Other reportable payment. That subsection lists the following references that
the law
uses to define what this means. Those references are included here with their me
aning and
your reporting duty:
26 USC §6041 Information at source
(a) Payments of $600 or more
(c) Recipient to furnish name and address
When necessary to make effective the provision of this section, the
name and address of the recipient of income shall be furnished upon
demand of the person paying the income.
26 USC §6041A(a) Returns regarding payments of remuneration for services and direc
t
sales
(f) Recipient to furnish name, address, and identification number;
inclusiononreturn
(1) Any person with respect to whom a return or statement is required
under this section to be made by another person shall furnish to such
other person his name, address, and identification number at such time
and in such manner as the Secretary may prescribe by regulations.
26 USC §6045 Returns of brokers
(a) General rule
Every person doing business as a broker shall
(b) Statements to be furnished to customers
Every person required to make a return under subsection (a) shall
furnish to each customer whose name is required to be set forth in
such return a written statement showing (
1) the name, address, and phone number of the information contact of
the person required to make such return, and
(2) the information required to be shown on such return with respect to
such customer.
Policy Manual
26 USC §6050A Reporting requirements of certain fishing boat operators
(a) Reports
(1) the identity of each individual performing such services;
26 USC §6050N Returns regarding payments of royalties
(a) Requirement of reporting
(2) setting forth the aggregate amount of such payment and the
name and address of the person to whom paid.
The reporting duty for each of these sections require you to provide your name a
nd
address. Only 26 USC §6041A(a) asks you to provide an identifying number but from
whom is that number expected? There is no expectation for an identifying number
from any
other section.
Be very suspicious anytime the written code becomes ambiguous, and this one is r
eally
ambiguous.
Any person with respect to whom a return or statement is required under this sec
tion to be
made by another person shall furnish to such other person his name, address, and
identification number at such time and in such manner as the Secretary may presc
ribe by
regulations.
Hum let s see if we can figure out what is being said here:

any person [who is expected to provide] a return by another person shall furnish
the
other person his name
shall furnish to such other person in such manner as the Secretary
any person to whom a statement is required to be made by another person
another person shall furnish to such other person
a statement is required to be made by another person
any person [who is expecting] a statement [from] another person shall furnish [t
he]
other person
any of the above
Okay. I give up. I think the only thing we can agree on here, is that this is tr
uly ambiguous
and totally meaningless. We can simply disregard this as any kind of requirement
. After
reviewing each piece of the code associated with the 31% withholding requirement
, it
becomes obvious that it applies only to a portion of interest paid and any other
application is
simply a myth.
When someone threatens to withhold 31% of the amount of money they owe you, be s
ure
to remind them that you expect them to comply with the applicable laws and will
seek
criminal and civil damages if they violate the law or commit fraud against you.
Dealing With Federal Agencies
Payee Fails to Furnish
Black s Law Dictionary defines the meaning of the word fail as:
Fail. Fault, negligence, or refusal.
Certainly if you have a social security number and you fail to furnish it, then
the sentence
in subsection (A) might apply to you. (The ownership of his TIN is addressed in Who
se
Number is it Anyway on page 247, and that issue is also applicable here.) The fai
l issue
becomes clearer when we look at the sentence and restructure the various meaning
s for the
word fail:

(A) the payee fails to furnish his TIN to the payor in the manner required
(A) the payee, because of his own fault, does not furnish his TIN to the payor i
n the
manner required
(A) the payee, because of his own negligence, does not furnish his TIN to the pa
yor in
the manner required
(A) the payee refuses to furnish his TIN to the payor in the manner required
However, the law does not require you to furnish that which you do not have. The
law
cannot be interrupted nor can it be twisted to mean:

(A) the payee, who does not have or want a TIN fails to furnish his TIN to the p
ayor in
the manner required,
The meaning of the word fail requires that you to do one of the following:

Fail to furnish a TIN through some fault of your own; such as, you forgot it or
forgot to
write it on the form.
Fail to furnish a TIN through some kind negligence; such as, you forgot to write
it on
the form or simply don t care.
Fail to furnish a TIN because you simple refuse to provide it.
It does not include or mean that you fail to furnish a TIN because you do not ha
ve one;
you would be happy to furnish it, if you had one. But, you simply don t have one t
o give them
and you have no desire to obtain one. When you understand the legal meaning of t
he word
fail, it becomes clear that this does not apply to people to whom a social secur
ity numbers
have not been issued and do not wish to obtain one.
Policy Manual
Statements Required from Payor
Federal regulation 26 CFR §31.6051-4 defines the statement and method of reporting
that
a payor must use when doing a backup withhold under the provisions of 26 USC §3406
.
26 CFR §31.6051-4 Statement required in case of backup withholding.
(a) Statements required from payor. Every payor of any reportable payment (as de
fined in
section 3406(b)(1)) who is required to deduct and withhold tax under section 340
6 must
furnish to the payee a written statement containing the information required by
paragraph (c)
of this section.
(b) Prescribed form. The prescribed form for the statement required by this sect
ion is Form
1099. In the case of any reportable interest or dividend payment as defined in s
ection
3406(b)(2), the prescribed form is the Form 1099 required in Sec. 1.6042-4 of th
is chapter
(relating to payments of dividends), Sec. 1.6044-5 of this chapter (relating to
payments of
patronage dividends), or Sec. 1.6049-6(e) of this chapter (relating to payments
of interest or
original issue discount). Statements required to be furnished by this section wi
ll be treated as
statements required by the respective sections with respect to any reportable pa
yment,
except that the statement required under this section must include the amount of
tax withheld
under section 3406. In no event will a statement be required under this section
if a statement
with the same information is required to be furnished to the recipient under ano
ther section.
(c) Information required. Each statement on Form 1099 must show the following:
(1) The name, address, and taxpayer identification number of the person receivin
g any
reportable payment; (2) The amount subject to reporting under section 6041, 6041
A(a),
6042, 6044, 6045, 6049, 6050A, or 6050N whether or not the amount of the reporta
ble
payment is less than the amount for which an information return is required. If
tax is withheld
under section 3406, the statement must show the amount of the payment withheld u
pon; (3)
The amount of tax deducted and withheld under section 3406; (4) The name and add
ress of
the person filing the form; (5) A legend stating that such amount is being repor
ted to the
Internal Revenue Service; and (6) Such other information as is required by the f
orm.
(d) Time for furnishing statements. The statement must be furnished to the payee
no later
than January 31 of the year following the calendar year in which the payment was
made.
(e) Aggregation. The payor or broker may combine the information required to be
shown
under this section with information required to be shown under another section e
ven if they do
not relate to the same type of reportable payment.
Notice the mandatory language in section (c) and (c)(1). Here we see the phrase
must
show. While the courts and the law books play with the meaning of the word shall
, there is no
such debate regarding the use of the word must.
The law mandates that Every payor of any reportable payment (as defined in sectio
n
3406(b)(1)) who is required to deduct and withhold tax under section 3406 must f
urnish to
the payee a written statement containing Information required. And, the required
information must show the name, address, and taxpayer identification number of th
e
person receiving any reportable payment. If the payor cannot show these three ite
ms, they
cannot comply with the law and may be penalized for providing a frivolous return
if they
attempt to do so.
Dealing With Federal Agencies
Social Security Administration
Few people realize that social security is a totally voluntary system, and they
can avoid it
by never obtaining a social security number. They can get out of social security
if they simply
stop using a social security number. However, the latter is more difficult to ac
complish and
the longer you have resided within the system, the longer and more difficult it
is to get out of
the system.
You get into the system by obtaining a social security card. You avoid the syste
m by not
getting a social security card. You sidestep the system by getting your applicat
ion for a social
security card rejected, and you get out of the system by not using a social secu
rity number for
at least ten years.
Obtaining a Social Security Number
Any lawful resident of the United States may obtain a social security number by
completing the Application for a Social Security Card (SS-5). This application i
s used by
anyone who has never been issued a social security card, needs a replacement car
d or has
changed his or her name.
Complete the SS-5 using the accompanying instructions. The instructions also lis
t the kind
of evidence that you need to submit with your application. Finally, take or mail
the SS-5 to
the nearest Social Security office. The Social Security Administration will retu
rn your
original documents right away and send you a Social Security Card in about two w
eeks. You
can get the Application for a Social Security Card (SS-5) from any local Social
Security
Administration office.
Getting Your Application Rejected
Many people may wonder why you would want to fill out an Application for a Socia
l
Security Card in the first place especially if your only intent is to have the app
lication
rejected. The reason is that the Social Security Administration has begun issuin
g a special
ineligibility letter (SSA-L676) to people who are not eligible for social securi
ty numbers and
these letters are accepted by the State agencies who issue driver s license as a v
alid reason for
not having a social security number. See Get a Letter of Ineligibility from the S
ocial
Security Administration on page 82 for more information about getting a driver s li
cense
using this letter.
You get your application for a social security card rejected by completing the a
pplication
form in such a way that causes the Social Security Administration to believe tha
t you are an
illegal alien. You get the rejection letter issued immediately if you submit the
application in
person at any local Social Security Administration office and they reject the ap
plication. You
should use your real name (so that the letter is addressed to you), but you need
to use a
different place of birth, mother and father and addresses from your real ones. T
hey will reject
the application because you have none of the required supporting documentation,
such as an
American birth certificate, ID card, or visa.
Policy Manual
Social Security regulations require each applicant to provide convincing evidenc
e:
20 CFR 422.107 Evidence requirements.
(a) General. An applicant for an original social security number card must submi
t
documentary evidence which the Commissioner of Social Security regards as convin
cing
evidence of age, U.S. citizenship or alien status, and true identity. An applica
nt for a duplicate
or corrected social security number card must submit
The Social Security Administration will not issue a social security card if you
fail this
requirement.
The Rescinding a Social Security Number Scam
There is a growing number of Americans who, for various reasons no longer trust
the
social security system. This growing concern has created a new market among a sm
all group
of charlatans who sell various programs telling their customer s how they can resc
ind or void
their social security number. Many of these groups present very convincing argum
ents.
Regardless of what they claim save your money. There is no program or method for

rescinding a social security number once it has been issued. The Social Security

Administration is not authorized to rescind an application or void a social secu

rity number.
Getting out of the System
For most people, getting out of the system is the only viable alternative. If yo
u have no
government liens filed against you, this process takes about ten years to comple
te. If you
have government liens, it may take as long as twenty years to complete. Either w
ay, it is a
long time, but your part in it is easy, or actually hard, because it simply requ
ires you to do
nothing during that time. It takes that long for the Internal Revenue Service an
d the various
credit reporting agencies to simply drop you from their active systems. Twenty y
ears if tax
liens are involved because it may take that long for the county agencies who rec
ord the lien to
consider them stale (sometimes moving to another county or state will help you l
ose these
liens).
Doing nothing in this case means that you cannot use a social security number fo
r
anything for ten years and that you cannot file for any kind of credit. Addition
ally you cannot
file for bankruptcy or do anything that creates a credit report or a federal tax
record. This is
difficult, but it can be done and the system will simply forget that you exist.
The advantage of
of letting the system forget that you exist is that you can still apply for soci
al security benefits
later in life should you wish to do so. Note that minor police problems should n
ot affect this
waiting period.
Getting a New Number Assigned
There are few good reasons why you might want to get a new social security numbe
r
assigned to you. The reasons usually have to do with personal or financial safet
y. For
example a battered spouse or seriously threatened person may want to obtain a ne
w number
or someone whose identity has been stolen for the purpose of financial fraud.
Dealing With Federal Agencies
There are two ways to approach obtaining a new social security number. The first
, and for
many, the easiest way is to simply fill out and submit a new application using d
ifferent
historical information. These often get rejected because you don t have the necess
ary support
information, but such applications are also successful often enough to make tryi
ng it worth
considering. The greatest disadvantage is that you give up your past social secu
rity earnings
and credit history. The other way is to ask the Social Security Administration t
o issue a new
number to you because of the problem.
The Social Security Administration is very reluctant to issue another number and
often do
it only after being ordered to do so by a United States District Court or the So
cial Security
Administration s hearing process. However, with sufficient documentation, such as
police
reports about physical violence (or the threat), evidence of financial fraud aga
inst you and
other supporting evidence, they will often issue a new number.
If the Social Security Administration is reluctant to issue a new number, and yo
u really
need to do this, then file a claim in the District Court. Check with the court a
bout getting your
fees waived and talk to a good paralegal who can draft your request. Even withou
t an
attorney, the courts are very good at hearing these issues when your need is leg
itimate; they
nearly always grant your request to order the Social Security Administration to
issue a new
number.
United States Census
The law says you can refuse to give a social security number during any census:
The failure or refusal of a person to disclose the person s social security number
in response to
a request made in connection with any census or other activity under this sectio
n shall not be a
violation
Violation of the Fifth Amendment
The Fifth Amendment to the Constitution of the United States Constitution prohib
its the
government from requiring a person to provide any information that could be used
against
them in court. There are many stipulations within federal law that require vario
us
government agencies to share social security numbers with law enforcement agenci
es for the
purpose of possibly accusing you of a crime. You should be aware of these requir
ements and
in many case you may wish to refuse to provide social security number informatio
n because
Policy Manual
to do so would violate your Fifth Amendment protection. For simplicity, these la
ws are
simply listed.
Code Title Purpose
07 USC Sec.
2020
Agriculture
Food Stamp Program
Administration
social security number shall be made available [to]
law enforcement
26 USC Sec.
6103
Internal Revenue
Code
Confidentiality and
disclosure of returns
and return information
Internal Revenue Service may disclose
information from the master files of the Internal Revenue
Service relating to the Social Security account number
disclosed to any child support enforcement agency
address and Social Security account number
42 USC Sec.
1382
Public Health and
Welfare
Eligibility for benefits the institution shall provide Social Security account
numbers
Commissioner shall furnish law enforcement
social security number
42 USC Sec.
1437z
Public Health and
Welfare
Exchange of
information with law
enforcement agencies
Notwithstanding any other provision of law, each public
housing agency that enters into a contract for assistance
under section 1437d or 1437f of this title with the
Secretary shall furnish any Federal, State, or local law
enforcement officer, upon the request of the officer, with
the current address, social security number
42 USC Sec. 666 Child Support and In order to satisfy section 654(20)(A) of this
title, each
Public Health and Establishment of State must have in effect laws requiring the
use of the
Welfare Paternity
Requirement of
statutorily prescribed
procedures to improve
effectiveness of child
support enforcement
following procedures[:]
[ ] which the State child support enforcement agency
shall request Social Security account number
[ ] requiring that the social security number (A) any
applicant for a license be recorded on the application
[ ] with financial institutions doing business in the State
to provide social security number for each
noncustodial parent
12 CFR 21.11 Suspicious Activity
Report.
A national bank shall file a SAR If it is determined
prior to filing this report that the identified suspect or
group of suspects has used an alias, then information
regarding the true identity of the suspect or group of
suspects, as well as alias identifiers, such as drivers'
license or social security numbers, addresses and
telephone numbers, must be reported.
12 CFR 208.62 Suspicious activity
reports.
A member bank shall file a SAR If it is determined
prior to filing this report that the identified suspect or
group of suspects has used an ``alias,'' then information
regarding the true identity of the suspect or group of
suspects, as well as alias identifiers, such as drivers'
licenses or social security numbers, addresses and
telephone numbers, must be reported.
Dealing With Federal Agencies
Code Title Purpose
12 CFR 353.3 Reports and records. A bank shall file a suspicious activity report
If it is
determined prior to filing this report that the identified
suspect or group of suspects has used an ``alias'', then
information regarding the true identity of the suspect or
group of suspects, as well as alias identifiers, such as
driver's license or social security numbers, addresses
and telephone numbers, must be reported;
12 CFR 563.180 Suspicious Activity
Reports and other
reports and statements.
savings associations and service corporations file a
Suspicious Activity Report If it is determined prior to
filing this report that the identified suspect or group of
suspects has used an alias, then information regarding
the true identity of the suspect or group of suspects, as
well as alias identifiers, such as drivers' license or social
security numbers, addresses and telephone numbers,
must be reported.
29 CFR 102.170 Agency referral to IRS
for tax referral effect;
Agency responsibilities.
(a) As authorized and required by law, the Agency may
refer past-due legally enforceable debts to the Internal
Revenue Service Such referrals shall include the
following information: (2) The name and taxpayer
identification number (SSN or EIN) of the debtor who is
responsible for the debt;
Policy Manual
78
Dealing with State and County
Agencies
Believe it or not, the worsts of all bureaucrats to deal with, when withholding
a social
security number, sit in various state and county agencies. Most of these agencie
s have a total
disregard for the law or for your rights. However, the most important thing on o
ur side is the
law. Section 7 of Public Law 93-579, as enacted by the Congress of the United St
ates reads as
follows:
(a)(1) It shall be unlawful for any Federal, State or local government agency to
deny to any
individual any right, benefit, or privilege provided by law because of such indi
vidual's refusal
to disclose his social security account number.
(2) the (The) provisions of paragraph (1) of this subsection shall not apply wit
h respect to (
A) any disclosure which is required by Federal statute, or
(B) the disclosure of a social security number to any Federal, State, or local a
gency
maintaining a system of records in existence and operating before January 1, 197
5, if
such disclosure was required under statute or regulation adopted prior to such d
ate to
verify the identity of an individual.
(b) Any Federal, State, or local government agency which requests an individual
to disclose
his social security account number shall inform that individual whether that dis
closure is
mandatory or voluntary, by what statutory or other authority such number is soli
cited, and
what uses will be made of it.
According to (a)(2)(B) of this law, a requirement for the disclosure of a social
security
number to any Federal, State, or local agency is only lawful if such requirements
were in
existence and operating before January 1, 1975. Thereby, Congress attempts to pro
hibit any
Federal, State, or local agency from adopting laws or regulations after January
1, 1975 that
require a social security number from people.
Ignorance of the Law is an Excuse for Some
There have been several stories about citizens suing bureaucrats personally for
violating
the Privacy Act and losing because that portion of the law is obscured as a foot
note to 5 USC
§552a. The bureaucrat pleaded ignorance of the law because the law had not been pr
operly
codified and therefore he could not have known. According to the story, the judg
e ruled
against the plaintiff and in favor of the bureaucrat, agreeing that although ign
orance of the
law is not a valid defense, this case was different because the law had not been
codified.
Policy Manual
Notice Regarding Disclosure of Social Security Number
Section 7 of Public Law 93-579, as enacted by the Congress of the United States
provides that:
(a)(1) It shall be unlawful for any Federal, State or local government agency to
deny to any
individual any right, benefit, or privilege provided by law because of such indi
vidual's refusal to
disclose his social security account number.
(2) the provisions of paragraph (1) of this subsection shall not apply with resp
ect to (
A) any disclosure which is required by Federal statute, or
(B) the disclosure of a social security number to any Federal, State, or local a
gency
maintaining a system of records in existence and operating before January 1, 197
5, if such
disclosure was required under statute or regulation adopted prior to such date t
o verify the
identity of an individual.
(b) Any Federal, State, or local government agency which requests an individual
to disclose his
social security account number shall inform that individual whether that disclos
ure is mandatory
or voluntary, by what statutory or other authority such number is solicited, and
what uses will be
made of it.
18 USC Sec. 242 and 42 USC Sec. 1983 provides that:
Whoever, under color of any law, statute, ordinance, regulation, or custom, will
fully subjects any person in any State,
Territory, or District to the deprivation of any rights, privileges, or immuniti
es secured or protected by the Constitution or
laws of the United States, ... shall be fined under this title or imprisoned not
more than one year, or both; 42 USC Sec. 1983
further provides that a violator shall be liable to the party injured in an acti
on at law, suit in equity, or other proper
proceeding for redress.
42 USC Sec. 408 provides that:
Whoever ... (8) discloses, uses, or compels the disclosure of the social securit
y number of any person in violation of the laws
of the United States; shall be guilty of a felony and upon conviction thereof sh
all be fined under title 18 or imprisoned for not
more than five years, or both.
Robert Jones
Served on name of person served , an agent or employee of
name of business or agency was informed of the law enter date
Calif. Dept. of Motor Vehicle 9/20/99
at time and is fully aware of the Congressional restriction placed upon him/her
and the
2:30pm
penalties he/she may suffer for violating the law by requiring me to provide a s
ocial security
number which I may not have nor am I required to provide, or am providing under
duress.
your name and signature Pam Watson name and signature Larry Simons Signed: Witne
ssed:
We have not been able to find any such
court case to substantiate this story.
However, with the increasing pressure
being directed against citizens, we felt
there might be some element of truth
to this story. This notification card is
designed specifically for the purpose
of defeating this supposed ignorance
of the law defense. Serving this card
on each bureaucrat who gives you grief
regarding your rights, advises him of
the law, his personal liability under the
law and your right to collect damages
from him. Be sure to make a copy and
if possible, get a witness. This card is a
very powerful tool in asserting your
rights.
When completing various government
application and forms, leave any space
that asks for a social security number
blank. If they ask for it, tell the person
receiving the application that you do not have a social security number.
Serve a copy of this Notice Regarding Disclosure of Social Security Number card,
on the
person who tells you that they cannot process your application. This serves to n
otify that
person that he/she will be held personally and criminally liable for violating t
he law and for
violating your rights. When given this notice, most people will process your app
lication.
Driver s License
Two Federal laws, 42 USC §666 and42USC §405 have recently been interpreted by the
States as their mandate to begin requiring social security numbers from driver s l
icense
applicants. With blatant disregard for the Ninth and Tenth Amendments to the Uni
ted States
Constitution and the State s obligation to protect their citizens, each State of t
he union has
Dealing with State and County Agencies
implemented laws making it very difficult, if not impossible, for the unenumerat
ed to obtain
a driver s license.
42 USC §405(c)(2)(C)
(C)(i) It is the policy of the United States that any State (or political subdiv
ision thereof) may,
in the administration of any tax, general public assistance, driver's license, o
r motor vehicle
registration law within its jurisdiction, utilize the social security account nu
mbers issued by the
Commissioner of Social Security for the purpose of establishing the identificati
on of
individuals affected by such law, and may require any individual who is or appea
rs to be so
affected to furnish to such State (or political subdivision thereof) or any agen
cy thereof having
administrative responsibility for the law involved, the social security account
number (or
numbers, if he has more than one such number) issued to him by the Commissioner
of Social
Security.
42 USC §666 implemented by Public Law 100-485 become effective on Oct. 1, 1985 and

was modified in 1997 by Public Law 105-33 to include all driver s license and recr
eational
license.
42 USC §666. Requirement of statutorily prescribed procedures to improve effective
ness of
child support enforcement
(a) Types of procedures required
In order to satisfy section 654(20)(A) of this title, each State must have in ef
fect laws requiring
the use of the following procedures, consistent with this section and with regul
ations of the
Secretary, to increase the effectiveness of the program which the State administ
ers under this
part:

(13) Recording of social security numbers in certain family matters. -Procedures

requiring
that the social security number of (
A) any applicant for a professional license, driver's license, occupational lice
nse, recreational
license, or marriage license be recorded on the application;
(B) any individual who is subject to a divorce decree, support order, or paterni
ty determination
or acknowledgment be placed in the records relating to the matter; and
(C) any individual who has died be placed in the records relating to the death a
nd be recorded
on the death certificate. For purposes of subparagraph (A), if a State allows th
e use of a
number other than the social security number to be used on the face of the docum
ent while
the social security number is kept on file at the agency, the State shall so adv
ise any
applicants.
Only Lawful if it Was Done Before January 1, 1975
According to (a)(2)(B) of Public Law 93-579 (the Privacy Act), a requirement for
the
disclosure of a social security number to any Federal, State, or local agency is
only lawful if
such requirements were in existence and operating before January 1, 1975. Thereby,
Congress prohibits any Federal, State, or local agency from adopting enforceable
laws or
regulations after January 1, 1975 that require a social security number from peo
ple.
When you complete a license application, leave any space that asks for a social
security
number blank. If the clerk asks for it, tell them that you have no social securi
ty number.
Serve a copy of the Notice Regarding Disclosure of Social Security Number card s
hown at
the beginning of this section on the clerk if they tell you that they cannot pro
cess your license
application. This serves to notify the clerk that he/she will be held personally
and criminally
Policy Manual
liable for violating the law and for violating your rights. Given this notice, t
he clerk may
process your driver s license application.
Get a Letter of Ineligibility from the Social Security Administration
Since passage of the various State laws attempting to require citizens to obtain
social
security numbers, most States have learned that many people are not enumerated.
This has
caused a new problem for the States as they attempt to force everybody into the
social
security system even against their will.
In conjunction with the National Highway Traffic Safety Administration, the Stat
es have
decided that they will issue you a license if you can obtain a letter from the S
ocial Security
Administration stating that you are not eligible for a social security number. T
he Social
Security Administration calls this letter SSA-L676 and explains it as follows:
If an individual applies for an SSN and the Social Security Administration (SSA)
determines
that he or she is not eligible for a number, SSA will, at the applicant s request,
provide a letter
of ineligibility for an SSN. The form letter, generally an SSA-L676, states the
specific reason
SSA cannot give the individual a Social Security card.
The most common reason for an alien s ineligibility for an SSN is because he or sh
e is not
authorized to work in the United States. For such individuals, the letter states
that we cannot
give you a Social Security card because you are an alien not allowed to work in
the United
States. In some cases, the reason may also include that the alien has not provide
d evidence
of a valid nonwork reason.
The document that provides evidence that an individual has not been assigned an
SSN, and
is not eligible for one is Form SSA-L676. A person can obtain this form by apply
ing for an
SSN at any Social Security office and being found not eligible for an SSN. Upon
request, the
SSA office will give the individual a letter right away. SSA does not provide an
y document
which states that an individual has not been issued an SSN, other than in connec
tion with an
application for an SSN.
Of course this latest move is simply a blatant attempt to force everybody into t
he federal
social security system. But if you can obtain a Form SSA-L676, then you can get
your
driver s license without a social security number. See Getting Your Application Rej
ected
on page 73 for how to do this.
Sue the State for Discrimination
There has recently begun a series of court cases where the plaintiff is seeking
relief from
providing a social security number when applying for a driver s license. These cas
es asserted
the plaintiff belief that expanded use of the social security number too closely
resembles the
mark of the beast that is written about in the Bible. They claim that their religi
ous
conviction, protected under federal law, prevents them from providing a social s
ecurity
number as such, the State should provide them relief from this requirement.
1win Steven Jones and Leo Guglielmo v California DMV, Oct. 1998
1loss Miller v Reed, May 1999
Dealing with State and County Agencies
Beware of the International Driver sPermit
There are many people fraudulently offering an International Driving Permit as a
solution
for those who cannot get a driver s license for various reasons. See Get an Interna
tional
Driver sLicense on page 204 for more information about this.
The United Nations, in the Convention on International Road Traffic on September
19,
1949, established the International Driving Permit to facilitate the worldwide t
ravel of
motorists in foreign countries where language barriers create difficulties for b
oth motorists
and police. It has been ratified by more than 160 nations.
For an International Driving Permit to be valid in any accepted country, it must
be
accompanied by a foreign driver s license. That is, you must also possess a valid
driver s
license from the country who issued the International Driving Permit by itself t
he permit is
not valid. This means that if you expect to drive legally in the United States w
ith an
International Driving Permit, then you must also possess a valid driver s license
from the
country who issued you the International Driving Permit.
International Driving Permits are intended for tourists. It is very important to
realize that
for an International Driving Permit to be valid in your State or country, you mu
st have a
driver s license issued from your state or country. State issued licenses supersed
e an
International Driving Permit in the State or country where they are being used.
Voter Registration
There are many Registrar of Voters offices requiring citizens to provide social
security
numbers when they register as voters. They get away with this illegal abuse beca
use they are
seldom challenged. However, the requirement has been defeated in every case when
it is
challenged in court.
When you complete a Voter s Registration form, leave any space that asks for a soc
ial
security number blank. Tell the Registrar of Voters that you have no social secu
rity number if
they ask for it.
Serve a copy of the Notice Regarding Disclosure of Social Security Number card,
provided at the beginning of this section on the Registrar of Voters if they tel
l you that they
cannot process your Voter s Registration form. This serves to notify the Registrar
of Voters
that he/she will be held personally and criminally liable for violating the law
and for violating
your rights. Given this notice, the Registrar of Voters will usually process the
Voter s
Registration form.
Policy Manual
Sue the Bureaucrats
Greidinger v. Davis, 988 F.2d 1344 (U. S. Court of Appeals, 4th Circuit) As a cons
equence
of registering to vote in the Commonwealth of Virginia (Virginia), a registered
voter's Social
Security number (SSN) is subject to public inspection in the Office of the Gener
al Registrar
and provided upon request to, among other entities, political parties as part of
voter
registration lists. Applying strict scrutiny, the district court held that these
provisions of
Virginia's voter registration scheme do not violate appellant's fundamental righ
t to vote.
Greidinger v. Davis, 782 F. Supp. 1106 (E.D. Va. 1992). We now reverse.

In summary, we hold that the public disclosure of Greidinger's SSN as a conditio

n of his
right to vote. It creates an intolerable burden on that right as protected by th
e First and
Fourteenth Amendments. Accordingly, the judgment of the district court is revers
ed. We
remand the case to the district court to give the Commonwealth of Virginia the r
esponsibility
to cure this constitutional infirmity by either deleting the requirement that a
registrant disclose
his SSN or eliminating the use of SSNs in voter registration records open to pub
lic inspection
and contained in voter registration lists provided to candidates for election, p
olitical party
committees and officials, incumbent office holders, and non-profit organizations
which
promote voter participation and registration.
Also, when Nevada s Clark County Registrar of Voters Kathryn Ferguson refused to l
et
18-year-old Joshua Hansen register to vote because he said he didn t have a social
security
number, Joshua sued. Clark County District Court Judge, Gene Porter ruled agains
t the
County Registrar of Voters requirement on Oct. 26, 1998 and Joshua voted in the
election.
Schools
Schools often ask for a child s social security number as a matter of policy or ha
bit. There
is no law requiring a student to have a social security number to participate in
public or
private school. In fact, the law prohibits such a requirement. Section 7 of Publ
ic Law 93-579,
as enacted by the Congress of the United States reads that:
(a)(1) It shall be unlawful for any Federal, State or local government agency to
deny to any
individual any right, benefit, or privilege provided by law because of such indi
vidual's refusal
to disclose his social security account number.
When you complete an enrollment application for your child, leave any space that
asks for
a social security number blank. If they ask for a social security number, tell t
he school that
neither you nor your child has one.
Serve a copy of the Notice Regarding Disclosure of Social Security Number card,
provided at the beginning of this section on the person receiving the applicatio
n if they tell
you that they cannot process your application. This serves to notify them that t
hey will be
held personally and criminally liable for violating the law and for violating yo
ur rights. Given
this notice, they will usually process the enrollment.
Dealing with State and County Agencies
School Free Lunch Programs
School free lunch programs are subsidized by the United States Department of
Agriculture. As an expectation of receiving federal money, the schools are asked
to obtain a
social security number from each participant. If the child does not have a socia
l security
number, the school will give the parents a Form SSA-5, Application for Social Se
curity Card
and tell them that they must provide a social security number for participation
in the program.
They base their assertion on 42 USC §1758:
42 USC §1758 School Lunch Programs Program requirements
(1) The Secretary shall require as a condition of eligibility for receipt of fre
e or reduced price
lunches that the member of the household who executes the application furnish th
e Social
Security account number of the parent
However the regulations implementing these lunch programs assert a different
requirement:
7CFR §1.123 Specific exemptions.
Sec. 6 Social security account numbers. (a) No agency shall deny, or permit any
State or
local government with whom it is involved in a cooperative venture to deny, to a
ny individual
any right, benefit, or privilege provided by law because of such individual's re
fusal to disclose
his or her social security account number. (b) Paragraph (a) of this section sha
ll not apply with
respect to: (1) Any disclosure required by Federal statute; or (2) Any disclosur
e to any agency
relating to a system of records it maintained prior to January 1, 1975, if such
disclosure was
required under statute or regulation adopted prior to that date, to verify the i
dentity of an
individual. (c) Any agency in the Department which requests an individual to dis
close his or
her social security account number shall inform that individual whether the disc
losure is
mandatory or voluntary, by what statutory or other authority the number is solic
ited, and what
uses will be made of it. The agency shall also insure that this information is p
rovided by a
State or local government with whom it is involved in a cooperative agreement.
There no requirement that the parents have or obtain a social security number:
7CFR §226.23 Free and reduced-price meals.
(C) The social security number of the adult household member who signs the appli
cation,
or an indication that he/she does not possess a social security number;
7CFR §245.6a Verification requirements.
eligibility for free or reduced price meals. These households shall be advised o
f the type or
types of information and/or documents acceptable to the school. This information
must
include a social security number for each adult household member or an indicatio
n that such
member does not have one.

No where in the regulation is there a requirement for the child to obtain a soci
al security
number. Additionally the regulations provide for an indication that such member d
oes not
have one if parent does not a social security number.
Policy Manual
Hunting and Fishing License
Many States have implemented requirement that applicants for hunting or fishing
license/
permits provide a social security number as a result of federal law 42 USC §666. T
he law was
implemented by Public Law 100-485 become effective on Oct. 1, 1985 and was modif
ied in
1997 by Public Law 105-33 to include all driver s license and recreational license
.
42 USC §666. Requirement of statutorily prescribed procedures to improve effective
ness of
child support enforcement
(a) Types of procedures required
In order to satisfy section 654(20)(A) of this title, each State must have in ef
fect laws requiring
the use of the following procedures, consistent with this section and with regul
ations of the
Secretary, to increase the effectiveness of the program which the State administ
ers under this
part:

(13) Recording of social security numbers in certain family matters. -Procedures

requiring
that the social security number of (
A) any applicant for a professional license, driver's license, occupational lice
nse, recreational
license, or marriage license be recorded on the application;
(B) any individual who is subject to a divorce decree, support order, or paterni
ty determination
or acknowledgment be placed in the records relating to the matter; and
(C) any individual who has died be placed in the records relating to the death a
nd be recorded
on the death certificate. For purposes of subparagraph (A), if a State allows th
e use of a
number other than the social security number to be used on the face of the docum
ent while
the social security number is kept on file at the agency, the State shall so adv
ise any
applicants.
However Public Law 93-579 has not been changed and supersede the above requireme
nt.
Section 7 of Public Law 93-579, as enacted by the Congress of the United States
states
that:
(a)(1) It shall be unlawful for any Federal, State or local government agency to
deny to any
individual any right, benefit, or privilege provided by law because of such indi
vidual's refusal
to disclose his social security account number.
(2) the (The) provisions of paragraph (1) of this subsection shall not apply wit
h respect to (
A) any disclosure which is required by Federal statute, or
(B) the disclosure of a social security number to any Federal, State, or local a
gency
maintaining a system of records in existence and operating before January 1, 197
5, if
such disclosure was required under statute or regulation adopted prior to such d
ate to
verify the identity of an individual.
(b) Any Federal, State, or local government agency which requests an individual
to disclose
his social security account number shall inform that individual whether that dis
closure is
mandatory or voluntary, by what statutory or other authority such number is soli
cited, and
what uses will be made of it.
According to (a)(2)(B) of this law, a requirement for the disclosure of a social
security
number to any Federal, State, or local agency is only lawful if such requirement
was in
existence and operating before January 1, 1975. Thereby, Congress prohibits any F
ederal,
Dealing with State and County Agencies
State, or local agency from enforcing laws or regulations adopted after January
1, 1975 that
require a social security number from people.
When you complete an application for a hunting or fishing license, leave any spa
ce that
asks for a social security number blank. Tell the clerk that you have no social
security
number if they ask for it.
Serve a copy of the Notice Regarding Disclosure of Social Security Number card,
provided at the beginning of this section on the clerk if they tell you that the
y cannot process
your application. This serves to notify them that they will be held personally a
nd criminally
liable for violating the law and for violating your rights. Given this notice, t
he clerk will
usually process the form.
Verify the Applicable Law
It is important to read the applicable laws because these laws often specify som
ething very
different from what you are being told. For example, in California most Departme
nt of Motor
Vehicle clerks believe that the law requires an applicant for a California drive
r's license or
identification card to provide their social security account number because the
law reads:
(a) The applicant's true full name, age, sex, mailing address, residence address
, and social
security number. California Vehicle Code (CVC) §12800
Notice that this code is not requiring an applicant to provide a number the code
simply
states that the application (form) shall contain fields for the following informa
tion. It is
very similar to CVC §1653.5:
(a) Every form prescribed by the department for use by an applicant for the issu
ance or renewal
by the department of a driver's license or identification card pursuant to Divis
ion 6 (commencing
with Section 12500) shall contain a section for the applicant's social security
account number.
When we read the actual requirement to include a social security number, we discov
er
that it is qualified with a strange phrase: Notwithstanding any other provision o
f law
(a) Notwithstanding any other provision of law, the department shall require eve
ry application
for a driver's license to contain the applicant's social security number and any
 other number or
identifier determined to be appropriate by the department. CVC §12800.1
Notwithstanding any other provision of law is a strange phrase to find in the law
because of what it means, that is:
Despite any law to the contrary
Despite any law that says we can't
Regardless of what other laws might say
You must obey the law, but we don't have to
The reason this phase is added to the law is because California s attempt to requi
re a social
security number does violate other provisions of law, such as provided for in Se
ction 7 of
Policy Manual
Public Law 93-579 which contain a shall not apply provision at (B) for a system of
records in existence and operating before January 1, 1975. All of these new state
requirement for a social security number have been adopted after 1975 and theref
ore were not
in existence and operating before January 1, 1975.
Also, upon closer reading of CVC §1653.5:
(d) The department shall not complete any application that does not include the
applicant's
social security account number or driver' s license or identification card numbe
r as required by
subdivision (c).
This law is necessary because Public Law 93-579 prohibits California from requir
ing an
applicant's social security number, so they additionally attempt to prohibit the
ir employees
from processing application that do not include the applicant's social security
account
number. Of course it still against the law to deny any individual any right, bene
fit, or
privilege because of such individuals refusal to disclose his social security nu
mber.
California, like most other states, also attempts to require applicants for variou
s
professional license to provide social security numbers in violation of Public L
aw 93-579
and in each case they acknowledge the existence of contrary law.
(a) Notwithstanding any other provision of law, any board, as defined in Section
22, and the
State Bar and the Department of Real Estate shall at the time of issuance or ren
ewal of the
license require that any licensee provide its federal employer identification nu
mber if the
licensee is a partnership or his or her social security number for all others. C
alifornia Business
and Professions Code §30
and
(a) Notwithstanding any other provision of law, the commissioner shall at the ti
me of issuance or
renewal of any license under this chapter or Chapter 6 (commencing with Section
1760),
Chapter 7 (commencing with Section 1800), or Chapter 8 (commencing with Section
1831)
require that any licensee provide its federal employer identification number if
the licensee is a
partnership or his or her social security number for all others. California Insu
rance Code
§1666.5
It critical to review each applicable law carefully when you are dealing with va
rious state
agencies. Most states have drafted laws with similar wording. Read the law caref
ully because
it probably not require you to do anything, but instead is doing one of the foll
owing:

Attempting to restrict the duty of a state employee.

Defining the appearance or data field to include on a form.
Despite any other provision of law trying to trick you into believing you are
required to provide something that they cannot require you to do.
Dealing with the Public

Usually it is quite easy to deal with the general public regarding issues of pri
vacy and
withholding a social security number. Often the people who ask you for a number
are
impressed to learn that the people do have rights and that there are laws that a
ctually prohibit
people from requiring disclosure. When dealing with the public, most people who
ask you for
a social security number are simply doing it out of the misguided belief that so
me mysterious
law requires everybody to be branded slaves of the system. While these people ar
e sometimes
offended by your simple refusal (particularly if they are foreigners), most beco
me quickly
impressed when you explain the legal reasons that protect you from disclosing a
social
security number. Most people are disgusted with the idea that they have lost a g
ood part of
their freedom. These people often become excited to learn that many of the chain
s they have
been wearing have been held in place by their own ignorance of the law. You will
quickly
discover that many people are really excited to learn how easy it is to regain s
o much of their
lost freedom and privacy. Now that you are a serious student of this topic, you
have an
obligation to share your knowledge and insight. One excellent way of doing this
is simply to
become more outspoken about these important issues.
Of course, in all cases where the offending party persists in their request, you
can assert
your legal rights and remind them that they are violating the law. However, you
should
always practice the degree of diplomacy that is warranted by each situation. For
example,
being perceived as a tough guy looking to sue people while trying to rent an apart
ment is
not usually the wisest approach.
One excellent way of doing this is simply to become more outspoken about these
important issues.
Renting
Most rental applications ask a prospective tenant for a social security number w
hile
requesting your permission to obtain a credit report and to check for pervious e
victions.
Many rental agencies and rental owners also ask you to pay the processing fee fo
r this credit
check.
Here are several reasonable alternatives to this request:
Simply ask the prospective landlord if a social security number is really necess
ary.
Tell them that you consider this very private information and would prefer not s
haring
it with anyone other than government agencies who absolutely require it. After a
reasonable explanation, most people will admit that they really don t need it.
Obtain a copy of a credit report before you begin looking for a rental. Carry th
e
original with you so that prospective landlords can know that it is authentic an
d leave
Policy Manual
them an extra copy. Not only does this save you money, but it makes their job ea
sier
because they don t need to run the credit check.

Obtain Letters of Recommendation from previous landlords or rental agencies. The

se
letters are actually the best alternative because they tell your prospective lan
dlord
exactly what they need to know that you are an excellent tenant.
Utilities
Utility suppliers usually ask for a social security number because they want to
check your
credit worthiness or because they like to use the number as a unique identifier.
Most utility
suppliers don t press the issue when you decline to provide a social security numb
er. For
those that do, you should explain that you don t have a social security and that t
he Privacy
Act (Public Law 93-579) makes it unlawful for any person to require an individua
l to disclose
or furnish a social security number for any purpose, unless the disclosure or fu
rnishing the
number was specifically required under federal law. Then ask them to please tell
you which
law requires disclosure of a social security number in this instance.
If they persist, explain that since passage of the Privacy Act in 1974, the fede
ral courts
have ruled that it applies equally to the private sector. Their requests for soc
ial security
numbers must conform to the disclosure requirements of the Privacy Act.See Yeage
r v.
Hackensack Water Co., 615 F. SUPP. 1087, (D.C.N.J. 1985).
The utility company cannot use lack of a social security number in any adverse w
ay
against anyone, unless they can show that it is required by law.
Insurance
Insurance companies use the social security number as a unique identifier. Again
very few
companies will persist when you decline to provide it. If they do, then follow t
he advice
given above.
Medical
Doctors, hospitals and dentists often ask new patients for a social security num
ber because
they use the number as a unique identifier for their records, computer entry and
to bill the
insurance company. They routinely ask you for this information on their forms fo
r new
patients. Usually you can quell this request by simply leaving the SSN field bla
nk. Most
professional service providers will not ask you for this information directly an
d simply ignore
it or create some kind of substitute number for their computer.
Dealing with the Public
Don t Number Your Baby
Most hospitals and county
officials will tell you that you must
complete the forms necessary to
obtain a social security number for
your baby before your baby can
leave the hospital. Of course, no
such requirement exists. According
to the Social Security
Administration, Getting a Social
Security number for your baby is
strictly voluntary. Here is an
excerpt from SSA Publication 0510023.
You should obtain a copy
of this publication before your
baby is born so that you can show

it to hospital officials.
Occasionally a hospital will send a goon to tell you that the law, specifically
42 USC
405(c)(2)(C), requires them to obtain a social security number or a birth certif
icate cannot be
issued.
(C)(i) It is the policy of the United States that any State (or political subdiv
ision thereof) may,
in the administration of any tax, general public assistance, driver's license, o
r motor vehicle
registration law within its jurisdiction, utilize the social security account nu
mbers issued by the
Commissioner of Social Security for the purpose of establishing the identificati
on of
individuals affected by such law, and may require any individual who is or appea
rs to be so
affected to furnish to such State (or political subdivision thereof) or any agen
cy thereof having
administrative responsibility for the law involved, the social security account
number (or
numbers, if he has more than one such number) issued to him by the Commissioner
of Social
Security.
(ii) In the administration of any law involving the issuance of a birth certific
ate, each State
shall require each parent to furnish to such State (or political subdivision the
reof) or any
agency thereof having administrative responsibility for the law involved, the so
cial security
account number (or numbers, if the parent has more than one such number) issued
to the
parent unless the State (in accordance with regulations prescribed by the Commis
sioner of
Social Security) finds good cause for not requiring the furnishing of such numbe
r. The State
shall make numbers furnished under this subclause available to the Commissioner
of Social
Security and the agency administering the State's plan under part D of subchapte
r IV of this
chapter in accordance with Federal or State law and regulation. Such numbers sha
ll not be
recorded on the birth certificate. A State shall not use any social security acc
ount number,
obtained with respect to the issuance by the State of a birth certificate, for a
ny purpose other
than for the enforcement of child support orders in effect in the State, unless
section 7(a) of
the Privacy Act of 1974 does not prohibit the State from requiring the disclosur
e of such
number, by reason of the State having adopted, before January 1, 1975, a statute
or
regulation requiring such disclosure.
This is simply a bogus argument. The best way to deal with that threat is to sim
ply tell
them fine, then don t issue a birth certificate. If the baby was born, then the hosp
ital has no
choice but to draft a Record of Live Birth and send it the local County Recorder
s office. The
Policy Manual
county creates a birth certificate based on these records. You can request a bir
th certificate
anytime you wish.
There have been a few rare instances when a hospital goon threatens to refuse to
let you
leave the hospital with your baby if you don't first apply for a social security
number. They
usually don t realize that they are threatening to kidnap a child and such a threa
t is a serious
crime. For the sake of getting good evidence, ask them to put that threat in wri
ting. You
should take such a threat seriously and immediately speak to upper management. B
e sure to
explain that you are clearly offended by such threats and will turn it over to t
he appropriate
authorities if necessary and you may even seek civil damages.
Credit Reporting Agencies
Credit reporting agencies use the social security number as a unique identifier.
They
obtained the social security number from you when you completed a credit applica
tion. They
believe that their authority to use the social security number came to them by w
ay of your
signing the credit application. Credit reporting agencies can only use informati
on that they
obtain from one of the following sources:
directly from information that you give them on a credit application
directly from a company that you ask for credit
directly from a company that provides you credit
public records
How the Major CredIt Reporting Agencies Identify You
Every credit reporting agency has a particular system of file retrieval that all
ows them to
identify the file of each person in their system. It is necessary to identify ea
ch file in such a
manner as to separate individuals with similar names and addresses so that Rober
t Jones will
not appear on the file as Bob Jones. However, no bureau has yet come up with a p
erfect
system of file identification. That is why you will sometimes see items on a cre
dit report that
belong to someone else with a similar name.
In an effort to maintain maximum efficiency, credit reporting agencies prefer to
set up
more than one file per person rather than risk merging several people's files in
to one. This is
the weak link in the system.
Credit reporting agencies have two basic types of file identification. One type
is used by
EXPERIAN, Equifax, and other major credit reporting agencies, with the exception
of
TransUnion. TransUnion uses the other type.
Dealing with the Public
The first type uses the following sequence of information to match an existing f
ile. If the
information does not match, a new file is created.
Field Comments
Last Name The computer only recognizes the first ten digits of the last name.
Letters must match an existing file, or a new file will be created and the
computer will stop the search. Otherwise the computer will proceed.
First Name If the last name matches an existing file, the computer will continue
by
matching the first three letters of the first name. If the first name
matches an existing file with the same first name and last name, it will
then proceed to match other segments. Otherwise a new file will be
created.
Middle Initial Once the last name and first name have been matched, the computer
will proceed to match the middle initial. If all segments match, the
program will continue. Otherwise it will either create a new file or skip
the middle initial and proceed with the checking.
Spouse If married, the spouse's first initial will appear after the file holder'
s
middle initial. If not married, the computer will proceed to match other
segments.
House Number After matching all the above segments, the computer will proceed to
match the first five digits of the house number and continue.
Street Name The computer will proceed by matching the first letter of the street
.
Zip Code The computer will proceed to match address with zip code. If five years
or more at present address, the computer will stop. A search revealing
persons with similar names and addresses will result in the files being
merged and a flag will be added to the file.
Previous Address If less than five years at present address, the computer will c
heck
previous addresses. The computer can hold up to ten previous
addresses, but will usually list only the last three.
Date Of Birth The computer will proceed to match the year of birth only. You do
not
have to use your complete date of birth. Only enter year of birth on any
applications you make.
Social Security
Number
The computer will proceed to match all of the previous elements with
the social security number. If the social security number does not
match the previously reported number, a flag will be added to the file.
The credit reporting agency also maintains files on Employer ID
numbers (EIN) and Taxpayer ID numbers (TIN).
The other system is based entirely on an applicant's social security number, emp
loyer
identification number (EIN), and taxpayer identification number (TIN). If it doe
s not match
the name, a new file will be created.
How to Establish a New Credit File
Unlike employers, credit reporting agencies do not check the validity of a socia
l security
number (or any thing else given to them, for that matter). They simply attempt t
o match data
records, create new data records and maintain files. Understanding this is the k
ey to creating
Policy Manual
a new credit report. Creating a new credit report is as simple as completing a m
ail-in credit
application for a credit card.
You can enter anything on the application you wish, but it is prudent to be real
istic. Your
credit application will very likely be rejected for something like no credit file
exists or
insufficient credit history. Of course, if it is a new identity, it is not surpris
ing that a credit
file does not exist. However, at the moment they got that reply, the agency s comp
uter also
created a new file and now it does exist.
Next apply for a credit card or just wait for the pre-approved junk mail to arrive
(now
that you have a credit history, it will come). Complete an application for secur
ed credit card.
You are pre-approved if the information you put on the application matches the
information in your credit file and you pay the deposit they want. If you use th
e card and
always pay your bill properly, you will quickly begin establishing a quality cre
dit history.
Also note, that the credit report does not reflect the fact that you have secure
d credit card, so
others will only know that your credit history is good.
Never merge your new credit with your old credit file. Here are some simple item
s to
avoid when establishing your new file:

Avoid asking for credit at places where you previously had credit.
Do not open an account at a bank where you've done business in the past.
Do not give out previously used credit references.
Do not use addresses, phone numbers, relatives, etc., that you used in your prev
ious
file.
Avoid having your spouse listed on your credit applications no joint credit!
Avoid using social security number.
Do not use checks from your old accounts to pay new creditors.
If you use a social security number, do not give it to anyone you had contact wi
th in
the past who could connect you with your past credit file.
When starting this new process you may be asked why don't you have any credit? Thi
s
is easily countered by saying you've been out of the country for several years,
or that you
were in the military, self-employed or had no previous desire for credit.
The Fair Credit Reporting Act
Amendments to the Fair Credit Reporting Act (FCRA), effective September 30, 1997
benefit consumers by strengthening privacy provisions and defining more clearly
the
responsibilities and liabilities of businesses that provide information to and a
ccess data
from credit reporting agencies. Information in your credit report can affect you
r ability to
get a job, a mortgage, a loan, a credit card or insurance.
Get a Copy of the Credit Report
To obtain a copy of your credit report contact:
Dealing with the Public
Equifax, 800-685-1111
Experian (formerly TRW), (888) EXPERIAN (397-3742)
Trans Union, 800-916-8800
You can contact the credit reporting agencies to remove your name and address fr
om the
lists used for unsolicited credit and insurance offers for two years. If you com
plete and return
an opt-out form, provided on request from the credit reporting agency, you will be
off these
lists permanently. A phone call or mailing to any one of the three nationwide cr
edit reporting
agency will get you off the lists.
To opt-out of credit card and insurance lists:
1-888-5-OPTOUT (1-888-567-8688) for all three credit reporting agencies.
Regardless of what the credit reporting agency tells you, a social security numb
er is not
needed to obtain a copy of a credit report. The law, 15 USC §1681h provides only t
hat you
furnish proper identification.
15 USC §1681h Conditions and form of disclosure to consumers
(a) In general
(1) Proper Identification
A consumer reporting agency shall require, as a condition of making the disclosu
res required
under section 1681g of this title, that the consumer furnish proper identificati
on.
(2) Disclosure in writing
Except as provided in subsection (b) of this section, the disclosure required to
be made under
section 1681g of this title shall be provided under that section in writing.
Simply providing them with the minimal information needed to uniquely identify y
ou is
all that is required.
Reporting Violations of the Law
You can file a complaint with the Federal Trade Commission by contacting the Con
sumer
Response Center by phone: toll-free 1-877-FTC-HELP (382-4357); TDD: 202-326-2502
; by
mail: Consumer Response Center, Federal Trade Commission, 600 Pennsylvania Ave,
NW,
Washington, D.C. 20580; or through the Internet, using the online complaint form
. Although
the Commission cannot resolve individual problems for consumers, it can act agai
nst a
company if it sees a pattern of possible law violations.
The Federal Trade Commission publishes free brochures on many consumer issues. F
or a
complete list of publications, write for Best Sellers, Consumer Response Center,
Federal
Trade Commission, 600 Pennsylvania Ave, NW, Washington, D.C. 20580; or call toll
-free 1877-
FTC-HELP (382-4357), TDD 202-326-2502.
A Summary of Your Rights Under the Fair Credit Reporting Act
The federal Fair Credit Reporting Act is designed to promote accuracy, fairness,
and
privacy of information in the files of every consumer reporting agency. Most con
sumer
reporting agencies are credit reporting agencies that gather and sell informatio
n about you
such as, if you pay your bills on time or have filed bankruptcy. They sell this
information to
creditors, employers, landlords, and other businesses.
Policy Manual
The Fair Credit Reporting Act, codified at 15 U.S.C. §§1681, 1681u. The Fair Credit
Reporting Act gives you specific rights as outlined below. You may have addition
al rights
under state law. You may contact a state or local consumer protection agency or
a state
attorney general to learn those rights.

You must be told if information in your file has been used against you. Anyone
who uses information from a consumer reporting agency to take action against you
such as denying an application for credit, insurance, or employment must tell yo
u,
and give you the name, address, and phone number of the consumer reporting agenc
y
that provided the consumer report.
You can find out what is in your file. At your request, a consumer reporting age
ncy
must give you the information in your file, and a list of everyone who has reque
sted it
recently. There is no charge for the report if a person has taken action against
you
because of information supplied by the consumer reporting agency, if you request
the
report within 60 days of receiving notice of the action. You also are entitled t
o one free
report every twelve months upon request if you certify that (1) you are unemploy
ed
and plan to seek employment within 60 days, (2) you are on welfare, or (3) your
report
is inaccurate due to fraud. Otherwise, a consumer reporting agency may charge yo
u up
to eight dollars.
You can dispute inaccurate information with the consumer reporting agency. If
you tell a consumer reporting agency that your file contains inaccurate informat
ion,
they must investigate the items (usually within 30 days) by presenting to its
information source all relevant evidence you submit, unless your dispute is friv
olous.
The source must review your evidence and report its findings to the consumer
reporting agency. (The source also must advise national consumer reporting agenc
ies
to which it has provided the data of any error.) The consumer reporting agency
must give you a written report of the investigation, and a copy of your report i
f the
investigation results in any change. If the consumer reporting agency's investig
ation
does not resolve the dispute, you may add a brief statement to your file. The co
nsumer
reporting agency must normally include a summary of your statement in future
reports. If an item is deleted or a dispute statement is filed, you may ask that
anyone
who has recently received your report be notified of the change.
Inaccurate information must be corrected or deleted. A consumer reporting
agency must remove or correct inaccurate or unverified information from its file
s,
usually within 30 days after you dispute it. However, the consumer reporting age
ncy is
not required to remove accurate data from your file unless it is outdated (as de
scribed
below) or cannot be verified. If your dispute results in any change to your repo
rt, the
consumer reporting agency cannot reinsert a disputed item back into your file un
less
the information source verifies its accuracy and completeness. In addition, the
consumer reporting agency must give you a written notice telling you it has rein
serted
the item. The notice must include the name, address and phone number of the
information source.
You can dispute inaccurate items with the source of the information. If you tell
anyone such as a creditor who reports to a consumer reporting agency that you
dispute an item, they may not then report the information to a consumer reportin
g
Dealing with the Public
agency without including a notice of your dispute. In addition, once you've noti
fied the
source of the error in writing, it may not continue to report the information if
it is, in
fact, an error.

Outdated information may not be reported. In most cases, a consumer reporting

agency may not report negative information that is more than seven years old; te
n
years for bankruptcies.
Access to your file is limited. A consumer reporting agency may provide
information about you only to people with a need recognized by the Fair Credit
Reporting Act usually to consider an application with a creditor, insurer, emplo
yer,
landlord, or other business.
Your consent is required for reports that are provided to employers, or reports
that contain medical information. A consumer reporting agency may not give out
information about you to your employer, or prospective employer, without your
written consent. A consumer reporting agency may not report medical information
about you to creditors, insurers, or employers without your permission.
You may choose to exclude your name from consumer reporting agency lists for
unsolicited credit and insurance offers. Creditors and insurers may use file
information as the basis for sending you unsolicited offers of credit or insuran
ce. Such
offers must include a toll-free phone number for you to call if you want your na
me and
address removed from future lists. If you call, you must be kept off the lists f
or two
years. If you request, complete, and return the consumer reporting agency form
provided for this purpose, you must be taken off the lists indefinitely.
You may seek damages from violators. If a consumer reporting agency, a user or
(in some cases) a provider of consumer reporting agency data, violates the Fair
Credit
Reporting Act, you may sue them in state or federal court.
Dealing with Idiots
There are always those idiots who, no matter what you say, they simply refuse to
believe
you. These people will not take the time to study the issues or laws, and contin
ue (as the
pompous asses that they truly are) to demand that you provide them with a social
security
number.
The following form is especially useful for advising these kinds of people in a
very serious
way, that they may be headed for much more trouble then they had anticipated. Th
is form
provides space for you to record the incident, gives them fair legal notice and
provides them
an opportunity to cease with their demand and comply with the law. Completing th
is form
and making a copy serves as a witness that they were informed of the law and the
ir legal
Policy Manual
obligations. It is a very effective too when you seek a criminal indictment agai
nst them or
when you sue them. This form is a real barn-burner when you are getting ready to
kick butt.
Form SSN Citizen s Assertion of Legal Right
to withhold disclosure of SSN
 Public Law 93-579 (Section 7)
Name and address of Citizen Name and address of Notice Recipient
Citizen s statement:
I certify that the forgoing information stated here is true and correct.
Citizen s signature

Date

Legal Notice and Warning

Federal law provides that it is a crime to violate the Rights of a citizen under
the color-of-law. You
can be arrested for this crime and can also be held personally liable for civil
damages.
Federal Law, Section 7 of Public Law 93-579 provides that: It shall be unlawful f
or any Federal, State or
local government agency to deny to any individual any right, benefit, or privile
ge provided by law because
of such individual's refusal to disclose his social security account number. Fede
ral courts have ruled the
Privacy Act applies equally to the private sector.
Warning, you are in violation of Federal Law and persisting with your demand may
lead to your arrest and/or
civil damages! The law provides that you can be held personally responsible and
liable, as well as your
company or agency.
There is no law requiring an individual to obtain or use a social security numbe
r. Your requirement and/or
demand that I provide a social security number to you is a violation of one or m
ore of the following laws: 4
CFR 83.9; 5 USC Sec. 552a; 7 CFR 1.123; 7 USC Sec. 2204g; 14 CFR 1212.604; 17 CF
R 249.501a; 19
CFR 118.11; 19 CFR 122.25; 19 CFR 24.5; 24 CFR 5.212; 28 CFR 16.53; 28 CFR 513.3
1; 28 CFR 700.25;
29 CFR 70a.10; 29 CFR 71.12; 31 CFR 1.32; 31 CFR 501.806; 32 CFR 270.19; 32 CFR
310.20; 32 CFR
311.5; 32 CFR 316.6; 32 CFR 317.20; 32 CFR 323.5; 32 CFR 505.2; 32 CFR 701.108;
32 CFR 806b.9; 38
CFR 1.575; 38 CFR 3.216; 38 USC Sec. 5101; 39 CFR 266.4; 45 CFR Part 801; 47 CFR
0.554; 49 CFR
10.29.
You are advised to cease and desist with your demand and to seek personal legal
counsel if you do not
understand the law.
Notice of Service:
I, certify that I personally delivered this notice to above named recipient
and address on at .
42 USC Sec. 408 provides that: Whoever ... (8) discloses, uses, or compels the di
sclosure of the social security number of any person
in violation of the laws of the United States; shall be guilty of a felony and u
pon conviction thereof shall be fined under title 18 or imprisoned
for not more than five years, or both.
18 USC §242 and 42 USC §1983 provides that: Whoever, under color of any law, statute
, ordinance, regulation, or custom, willfully
subjects any person in any State, Territory, or District to the deprivation of a
ny rights, privileges, or immunities secured or protected by
the Constitution or laws of the United States, ... shall be fined under this tit
le or imprisoned not more than one year, or both; 42 USC §1983
further provides that a violator shall be liable to the party injured in an actio
n at law, suit in equity, or other proper proceeding for redress.
Public Domain Privacy Form SSN(02) 2000
Knowing the Criminal
Many times the unenumerated are unknowingly victims of a crime. The most notable
example of this is when someone tells you that you must have, or you must provid
e a social
security number because it is the law. Most often that statement that it is the l
aw is a
criminal violation of the law, which, if proven could subject the person who sai
d it to fines
and jail.
Dealing with the Public
For example 18 USC §242 and 42 USC §1983 provides that:
Whoever, under color of any law, statute, ordinance, regulation, or custom, will
fully subjects
any person in any State, Territory, or District to the deprivation of any rights
, privileges, or
immunities secured or protected by the Constitution or laws of the United States
,... shall be
fined under this title or imprisoned not more than one year, or both;
42 USC §1983 further provides that a violator shall be liable to the party injured
in an action
at law, suit in equity, or other proper proceeding for redress.
And 42 USC §408 provides that:
Whoever... (8) discloses, uses, or compels the disclosure of the social security
number of any
person in violation of the laws of the United States; shall be guilty of a felon
y and upon
conviction thereof shall be fined under title 18 or imprisoned for not more than
five years, or
both.
It is also good to be familiar with these:
18 USC §2425 Use of interstate facilities to transmit information about a minor.
knowingly initiates the transmission of the name, address, telephone number, soc
ial
security number, or electronic mail address

42 USC Sec. 1307 Penalty for fraud.

Whoever, with the intent to elicit information as to the Social Security account
number
shall be deemed guilty of a felony

7 CFR 400.410 Penalties.

Unauthorized disclosure of SSN's or EIN's by any person may subject that person,
and the
person soliciting the unauthorized disclosure, to civil or criminal sanctions im
posed under
various Federal statutes, including 26 U.S.C. 7613, 5 U.S.C. 552a, and 42 U.S.C.
408.

If these crimes are committed against you, and you can prove it, you should talk
to your
local district attorney about filing a criminal complaint. If your evidence has
legal merit, the
local district attorney is obligated to pursue the case.
Policy Manual
100
Appendices
Policy Manual
102
The Voluntary Nature of the
Social Security Number
This section is a compilation of the various laws and regulations that define th
e voluntary
nature of the social security number. Study this list carefully as you will find
it contains a lot
of important information and will be a valuable resource when asserting your rig
hts.
To avoid a lot of unnecessary overhead each item contains only enough excerpt to
establish the content of the topic. You can read the entire law or section on th
e Web.
List of Laws and Regulations
Code Title Excerpt
4 CFR 83.9 Social security number. (a) GAO may not require individuals to disclo
se their
social security number (SSN) unless disclosure would be
required Under statute (b) Individuals shall
suffer no penalty or denial of benefits for refusing to
provide it.
5 USC Sec. 552a Records maintained on
individuals
In footnote: Section 7 of Pub. L. 93-579 provided that:
(a)(1) It shall be unlawful for any Federal, State or local
government agency to deny to any individual any right,
benefit, or privilege provided by law because of such
individual s refusal to disclose his Social Security
account number.
Policy Manual
Code Title Excerpt
7 CFR 1.123 Specific exemptions. Sec. 6 Social security account numbers. (a) No
agency shall deny, or permit any State or local
government with whom it is involved in a cooperative
venture to deny, to any individual any right, benefit, or
privilege provided by law because of such individual's
refusal to disclose his or her social security account
number. (b) Paragraph (a) of this section shall not apply
with respect to: (1) Any disclosure required by Federal
statute; or (2) Any disclosure to any agency relating to a
system of records it maintained prior to January 1, 1975,
if such disclosure was required under statute or
regulation adopted prior to that date, to verify the identity
of an individual. (c) Any agency in the Department which
requests an individual to disclose his or her social
security account number shall inform that individual
whether the disclosure is mandatory or voluntary, by
what statutory or other authority the number is solicited,
and what uses will be made of it. The agency shall also
insure that this information is provided by a State or local
government with whom it is involved in a cooperative
agreement.
7 USC Sec. Authority of Secretary of The failure or refusal of a person to discl
ose the person s
2204g Agriculture to conduct
census of agriculture
social security number in response to a request made in
connection with any census or other activity under this
section shall not be a violation
14 CFR 1212.604 Social security
numbers.
(a) It is unlawful for NASA to deny to individuals any
rights, benefits, or privileges provided by law because of
the individuals' refusal to disclose their social security
numbers, except where:
17 CFR 249.501a Form BDW, notice of
withdrawal from
registration as broker-
dealer
except for social security account numbers, disclosure
of which is voluntary.
19 CFR 118.11 Contents of application. (f) A list of all employees involved in t
he CES operation
setting forth their names, dates of birth, and social
security numbers. (Providing social security numbers is
voluntary; however, failure to provide the number may
hinder the investigation process.);
19 CFR 122.25 Exemption from special
landing requirements.
Note. Where the social security number is requested,
furnishing of the SSN is voluntary. The SSN will be
made available to Customs personnel on a need-to-know
basis. Failure to provide the SSN may result in a delay in
processing of the application;
The Voluntary Nature of the Social Security Number
Code Title Excerpt
19 CFR 24.5 Filing identification
number.
(2) If neither an Internal Revenue Service employer
identification number nor a social security number has
been assigned, the word None shall be written on the
line provided for each of these numbers on Customs
Form 5106 and the form shall be filed in duplicate. (c)
Assignment of importer identification number. Upon
receipt of a Customs Form 5106 without an Internal
Revenue Service employer identification number or a
social security number, an importer identification number
shall be assigned
24 CFR 5.212 Compliance with the
Privacy Act and other
requirements.
(a) Compliance with the Privacy Act. The collection,
maintenance, use, and dissemination of SSNs, EINs,
any information derived from SSNs and Employer
Identification Numbers (EINs), and income information
under this subpart shall be conducted, to the extent
applicable, in compliance with the Privacy Act (5 U.S.C.
552a) and all other provisions of Federal, State, and local
law.
28 CFR 16.53 Use and collection of
social security numbers.
(a) That individuals may not be denied any right, benefit,
or privilege as a result of refusing to provide their social
security numbers, unless the collection is authorized
either by a statute or by a regulation issued prior to 1975;
and
28 CFR 513.31 Limitations. (a) Social Security Numbers. As of September 27, 1975
,
Social Security Numbers may not be used in their
entirety as a method of identification for any Bureau
record system, unless such use is authorized by statute
or by regulation adopted prior to January 1, 1975.
28 CFR 700.25 Use and collection of
social security numbers.
(b) The Office shall take such measures as are
necessary to ensure that employees authorized to collect
information from individuals are advised that individuals
may not be required to furnish Social Security numbers
without statutory or regulatory authorization and that
individuals who are requested to provide Social Security
numbers voluntarily must be advised that furnishing the
number is not required and that no penalty or denial of
benefits will flow from the refusal to provide it.
29 CFR 70a.10 Solicitation of social
security numbers.
(a) Neither the Department nor its component units shall
deny to any individual any right, benefit or privilege
provided by law because of such individual s refusal to
disclose his social security number.
Policy Manual
Code Title Excerpt
29 CFR 71.12 Use and collection of
social security numbers.
(a) Each component unit that requests an individual to
disclose his social security account number shall provide
the individual, in writing, with the following information:
(1) The statute, regulation, Executive Order or other
authority under which the number is solicited; (b)
Neither the Department nor any of its component units
shall, in the absence of specific federal statutory
authority, deny to an individual any right, benefit or
privilege provided by law solely because of such
individual s refusal to disclose his social security account
number.
31 CFR 1.32 Use and disclosure of
social security numbers.
(a) In general. An individual shall not be denied any right,
benefit, or privilege provided by law by a component
because of such individual s refusal to disclose his social
security number.
31 CFR 501.806 Procedures for
unblocking funds
believed to have been
blocked due to mistaken
identity.
inclusion of a social security number is voluntary but
will facilitate resolution of the request.
32 CFR 270.19 Reports to Congress. Social security number: Providing a social se
curity
number is voluntary. If one is not provided, the
application for payment will still be processed.
32 CFR 310.20 General considerations. (b) Collecting social security numbers (SS
Ns). (1) It is
unlawful for any federal, state, or local governmental
agency to deny an individual any right, benefit, or
privilege provided by law because the individual refuses
to provide his or her SSN. However, if a federal statute
requires that the SSN (4) Executive Order 9397,
Numbering System For Federal Accounts Relating to
Individual Persons, November 30, 1943, authorizes
solicitation and use of SSNs as numerical identifier for
individuals in most Federal records systems. However, it
does not provide mandatory authority for soliciting SSNs.
(5) Upon entrance into military service or civilian
employment with the Department of Defense, individuals
are asked to provide their SSNs. The SSN becomes the
service or employment number for the individual and is
used to establish personnel, financial, medical, and other
official records. Provide the notification in paragraph
(b)(2) of this section to the individual when originally
soliciting his or her SSN. After an individual has provided
his or her SSN for the purpose of establishing a record,
the notification in paragraph (b)(2) is not required
32 CFR 311.5 Procedures. (6) Individuals shall not be denied access to their
records for refusing to disclose their Social Security
Numbers (SSNs), unless
The Voluntary Nature of the Social Security Number
Code Title Excerpt
32 CFR 316.6 Procedures and
responsibilities.
(ii) The System Manager may release records to the
individual's representative the System Manager may
require whatever identifying information is needed to
locate the record; i.e., name, social security number,
date of birth. An individual will not be denied access to
his record for refusing to disclose his social security
number unless disclosure is required by statute or by
regulation adopted before 1 January 1975.
32 CFR 317.20 General considerations. (b) Soliciting the social security number.
(1) It is
unlawful for any Federal, State, or local government
agency to deny an individual a right, benefit, or privilege
provided by law because the individual refuses to
provide the social security number (SSN). However, this
prohibition does not apply
32 CFR 323.5 Procedures. (5) It is unlawful for any Federal, state, or local
government agency to deny an individual any right,
benefit, or privilege provided by law because the
individual refuses to provide his or her social security
number (SSN).
32 CFR 505.2 Individual rights of
access and
amendment.
Nor can an individual be denied access solely
because he/she refused to provide his/her social security
number unless the social security number was required
for access by statute or regulation adopted prior to
January 1, 1975
32 CFR 701.108 Collecting information
about individuals.
(c) Soliciting the social security number (SSN). (1) It is
unlawful for any Federal, State, or local government
agency to deny an individual a right, benefit, or privilege
provided by law because the individual refuses to
provide his or her SSN. however, it does not make it
mandatory for individuals to provide their SSNs.
32 CFR 806b.9 Requesting the Social
Security Number (SSN).
(a) Do not deny people a legal right, benefit, or privilege
for refusing to give their SSNs unless (c) Executive
Order 9397, November 22, 1943, authorizes using the
SSN as a personal identifier. This order is not adequate
authority to collect an SSN to create a record. When law
does not require disclosing the SSN or when the system
of records was created after January 1, 1975, you may
ask for the SSN, but the individual does not have to
disclose it. If the individual refuses to respond, use
alternative means of identifying records.
Policy Manual
Code Title Excerpt
38 CFR 1.575 Social security numbers
in veterans benefits
matters.
(a) Except as provided in paragraph (b) no one will be
denied any right, benefit, or privilege provided by law
because of refusal to disclose a social security
number. (b) VA shall require mandatory disclosure of a
claimant s or beneficiary s social security number
(including the social security number of a dependent of a
claimant or beneficiary) on necessary forms as
prescribed by the Secretary as a condition precedent to
receipt or continuation of receipt of compensation or
pension payable under the provisions of chapters 11, 13
and 15 of title 38, United States Code, provided,
however, that a claimant shall not be required to furnish
VA with a social security number for any person to whom
a social security number has not been assigned.
38 CFR 3.216 Mandatory disclosure of
social security number.
However, no one shall be required to furnish a social
security number for any person to whom none has been
assigned.
38 USC Sec.
5101
Veterans
Benefits
Claims and forms A person is not required to furnish the Secretary with a
social security number for any person to whom a social
security number has not been assigned.
39 CFR 266.4 Collection and
disclosure of
information about
individuals.
(4) The Postal Service will not require individuals to
furnish their social security account number or deny a
right, privilege or benefit because of an individual s
refusal to furnish the number unless it must be provided
by Federal law.
45 CFR Appendix
Ato Part801
Forms of Application Voting Rights Act Application The disclosure of
social security number and telephone number is
voluntary. Failure to state either or both numbers will
NOT result in your application being deficient.
47 CFR 0.554 Procedures for requests
pertaining to individual
records in a system of
records.
Note: An individual s refusal to disclose his social
security number shall not constitute cause in and of itself,
for denial of a request.
49 CFR 10.29 social security numbers. (a) No individual is denied any right, ben
efit, or privilege
provided by law because of such individual s refusal to
disclose his social security account number. (b) The
provisions of paragraph (a) of this section do not apply
to: (1) Any disclosure which is required by Federal
statute; or (2) The disclosure of a social security number
when such disclosure was required under statute or
regulation adopted prior to January 1, 1975, to verify the
identity of an individual.
United States Code

This section is a list of the all of the applicable laws dealing with the social
security
number. You will find it contains a lot of important information and will be a v
aluable
resource when asserting your rights.
To avoid a lot of unnecessary overhead each item contain enough excerpt to estab
lish the
content of the topic. You can read the entire law or section on the Web.
Table 4 References to Social Security Numbers
Code Title Purpose
5 USC Sec. 301
Government
Organization and
Employees
Departmental regulations [In footnote: Pub. L. 104-208, div. C, title VI, Sec. 6
56, Sept. 30, 1996,
110 Stat. 3009-716, provided that: A Federal agency may not accept
for any identification-related purpose a driver s license, or other
comparable identification document, issued by a State, unless the
license or document satisfies the following requirements (ii) social
security number. Except as provided in subparagraph (B), the
license or document shall contain a Social Security account number
that can be read visually or by electronic means. (B) Exception.
(i) does not require the license or document to contain a Social
Security account number ]
5 USC Sec. 552a
Government
Organization and
Employees
Records maintained on
individuals
[In footnote: Section 7 of Pub. L. 93-579 provided that: (a)(1) It shall be
unlawful for any Federal, State or local government agency to deny to
any individual any right, benefit, or privilege provided by law because of
such individual s refusal to disclose his Social Security account
number.
7 USC Sec. 1308-1
Agriculture
Prevention of creation of
entities to qualify as separate
persons; payments limited to
active farmers
A person that receives farm program payments shall provide
name and social security number
7 USC Sec. 1631
Agriculture
Protection for purchasers of
farm products
the Secretary of State compiles in numerical order according to
the social security number
A buyer of farm products takes subject to a security interest created
by the seller if received notice of the security interest [that
contains] the social security number of the debtor
7 USC Sec. 2020
Agriculture
Food Stamp Program
Administration
social security number shall be made available [to] law
enforcement
7 USC Sec. 2025
Agriculture
Food Stamp Program
Administrative cost-sharing
and quality control
require, as a condition of eligibility for food stamp furnish
Social Security account number
7 USC Sec. 2204g
Agriculture
Authority of Secretary of
Agriculture to conduct census
of agriculture
The failure or refusal of a person to disclose the person s social
security number in response to a request made in connection with any
census or other activity under this section shall not be a violation
8 USC Sec. 1101
Aliens And Nationality
General Provisions
Definitions
Memorandum of President of the United States, Feb. 7, 1995, 60
F.R. 7885, provided: The Administration fully supports the
recommendation of the Commission on Legal Immigration Reform to
create pilot projects to test various techniques for improving workplace
verification, including a computer database test to validate a new
worker s social security number for work authorization purposes.
Policy Manual
Code Title Purpose
8 USC Sec. 1183a
Aliens And Nationality
Requirements for sponsor s
affidavit of support
(1) An affidavit of support shall include the Social Security account
number of each sponsor. (2) The Attorney General shall develop an
automated system to maintain the Social Security account number
data
8 USC Sec. 1304
Aliens And Nationality
Registration of Aliens Forms
for registration and
fingerprinting
Notwithstanding any other provision of law, the Attorney General is
authorized to require any alien to provide Social Security account
number for purposes of inclusion in any record of the alien
8 USC Sec. 1324a
Aliens And Nationality
Unlawful employment of
aliens
if the person or entity is an agricultural (C) Documents evidencing
employment authorization A document described in this subparagraph
is an individual s (i) Social Security account number card
[Memorandum of President of the United States, Feb. 10, 1992, 57 F.R.
24345, provided: directs the Secretary of Health and Human
Services to issue social security number cards to individuals who are
assigned social security numbers.
[ SEC. 403. Procedures for Participants in Pilot Programs. (1)
Provision of additional information. The person or entity shall obtain
from the individual (and the individual shall provide) and shall record on
the I-9 or similar form (A) the individual s Social Security account
number, if the individual has been issued such a number
8 USC Sec. 1360
Aliens And Nationality
Immigration Establishment
of central file; information from
other departments and
agencies
There shall be established in the office of the Commissioner (c)
Reports on Social Security account numbers and earnings of aliens
not authorized to work
10 USC Sec. 1408
Armed Forces
Personnel
Payment of retired or retainer
pay in compliance with court
the court order or other documents served with the court order
identify the member concerned and include, if possible, the social
security number of such member; and
11 USC Appendix -
Bankruptcy Rules
Rule 1005 Caption of
Petition
The title of the case shall include the name, social security number
and employer s tax identification number of the debtor and all other
names used by the debtor within six years before filing the petition.
11 USC Sec. 110
Bankruptcy
Penalty for persons who
negligently or fraudulently
prepare bankruptcy petitions
(2) For purposes of this section, the identifying number of a bankruptcy
petition preparer shall be the Social Security account number of
each individual who prepared the document or assisted in its
preparation.
15 USC Sec. 6305
Commerce and Trade
Professional Boxing
Safety
Registration Identification card contains The social security number of the
boxer (or
15 USC Sec. 6501
Commerce and Trade
Children s Online
Privacy Protection
Definitions The term personal information means (E) a social security
number;
18 USC Sec. 1028
Crimes And Criminal
Procedure
Fraud and related activity in
connection with identification
the term means of identification means (A) name, social
security number,
18 USC Sec. 2425
Crimes And Criminal
Procedure
Use of interstate facilities to
transmit information about a
minor
knowingly initiates the transmission of the name, address, telephone
number, social security number, or electronic mail address
18 USC Sec. 2725
Crimes And Criminal
Procedure
Definitions (3) personal information means , social security number,
18 USC Sec. 3612
Crimes And Criminal
Procedure
Collection of unpaid fine or
restitution
(b) Information to be Included in Judgment (A) the name, Social
Security account number, including
18 USC Sec. 842
Crimes And Criminal
Procedure
Unlawful acts (f) It shall be unlawful for any licensee to receive explosive
materials without making such records including social security
number
20 USC Chapter 28
Education
Higher Education Resources
And Student Assistance
(f) Verification of immigration status and social security number.
United States Code
Code Title Purpose
20 USC Sec. 1078-2
Education
Federal PLUS loans (f) Verification of immigration status and social security nu
mber
20 USC Sec. 1078
Education
Federal payments to reduce
student interest costs
a guaranty agency shall provide (i) the name and the social
security number of the borrower; and
20 USC Sec. 1090
Education
Forms and regulations The Secretary is authorized to include on the form develop
ed under
this subsection space for the social security number
Any financial aid application shall include the name, signature,
address or employer s address, social security number or employer
identification number, and organizational affiliation of the preparer
20 USC Sec. 1091
Education
Student eligibility which shall include (B) such student s social security number,
shall verify any social security number provided by a student
20 USC Sec. 1092
Education
Institutional and financial
assistance information for
students
Each eligible institution shall require corrections social security
number
21 USC Sec. 360i
Food and Drugs
Records and reports on
devices
(2) Any patient receiving a device may refuse to release social
security number
22 USC Sec. 2671
Foreign Relations and
Intercourse
Emergency expenditures With regard to the repatriation loan require the borrower
to provide a
verifiable address and social security number
26 USC Appendix -
Rules of Tax Court
Rule 175 Pleadings Petition shall contain social security number
26 USC Appendix -
Rules Of Tax Court
Rule 260 Proceeding to
Enforce Overpayment
Determination
A motion to enforce shall contain social security number
26 USC Appendix -
Rules Of Tax Court
Rule 261 Proceeding to
Redetermine Interest on
Deficiency
 A motion to redetermine interest shall contain social security
number
26 USC Appendix -
Rules Of Tax Court
Rule 271 Commencement
of Action for Administrative
Costs
Petition for Administrative Costs shall contain social security
number
26 USC Appendix -
Rules Of Tax Court
Rule 281 Commencement
of Action for Review of Failure
to Abate Interest
Petition for Review shall contain social security number
26 USC Appendix -
Rules Of Tax Court
Rule 291 Commencement
of Action for Redetermination
of Employment Status
Petition for Redetermination shall contain social security
number
26 USC Appendix -
Rules Of Tax Court
Rule 34 Petition Petition in Deficiency shall contain social security number
26 USC Sec. 25
Internal Revenue
Code
Interest on certain home
mortgages
Each person who makes a loan which is a certified indebtedness
amount under any mortgage credit certificate shall file a report with the
Secretary containing (1) the name, address, and Social Security
account number of
26 USC Sec. 32
Internal Revenue
Code
Earned income a taxpayer identification number means a social security number
issued
26 USC Sec. 3402
Internal Revenue
Code
Income tax collected at
source
A request that an annuity or any sick pay be subject to withholding
under this chapter (A) shall be made by the payee in writing to the
person making the payments and shall contain the social security
number of the payee
The preceding sentence shall not apply with respect to sick pay paid
pursuant to any agreement to any individual unless the social security
number of such individual is furnished
26 USC Sec. 6051
Internal Revenue
Code
Receipts for employees Every person required to deduct and withhold from an empl
oyee the
name of the employee (and his Social Security account number
Statements required in case of sick pay paid by third parties
showing the social security number of such employee
Policy Manual
Code Title Purpose
26 USC Sec. 6103
Internal Revenue
Code
Confidentiality and disclosure
of returns and return
information
Internal Revenue Service may disclose information from the
master files of the Internal Revenue Service relating to the Social
Security account number
disclosed to any child support enforcement agency address and
Social Security account number
26 USC Sec. 6109
Internal Revenue
Code
Identifying numbers When required by regulations the identifying number of an in
dividual
(or his estate) shall be such individual s Social Security account
number.
The Social Security account number shall be used as the
identifying number for such individual for purposes of this title.
Employer identification numbers maintained by the Secretary of
Agriculture or the Federal Crop Insurance Corporation subject to
appropriate safeguards including a prohibition against the release of
such Social Security account numbers
28 USC Sec. 3205
Judiciary and Judicial
Procedure
Garnishment The United States shall include in its application for a writ of
garnishment (A) the judgment debtor s name, social security
number (if known)
38 USC Sec. 5101
Veterans Benefits
Claims and forms A person is not required to furnish the Secretary with a social
security number for any person to whom a social security number
has not been assigned.
42 USC Chapter 44
Public Health and
Welfare
Department Of Housing And
Urban Development
(a) Disclosure of Social Security account number.
42 USC Sec. 1307
Public Health and
Welfare
Penalty for fraud Whoever, with the intent to elicit information as to the Socia
l
Security account number shall be deemed guilty of a felony
42 USC Sec. 1320a-3
Public Health and
Welfare
Disclosure of ownership and
related information;
procedure; definitions; scope
of requirements
as a condition for the approval or renewal of a contract or agreement
between the disclosing entity and the Secretary shall supply the
Secretary with Social Security account number [for] each
person with an ownership
42 USC Sec. 1320b-7
Public Health and
Welfare
Income and eligibility
verification system
the State shall require, as a condition of eligibility for benefits
[unemployment insurance, etc.] under any program listed in subsection
(b) of this section, that each applicant for or recipient of benefits under
that program furnish to the State his Social Security account number
42 USC Sec. 1382
Public Health and
Welfare
Eligibility for benefits the institution shall provide Social Security account n
umbers
Commissioner shall furnish law enforcement social security
number
42 USC Sec. 1383
Public Health and
Welfare
Procedure for payment of
benefits
(ii) As part of the investigation the Commissioner shall (II)
verify the Social Security account number
42 USC Sec. 1437z
Public Health and
Welfare
Exchange of information with
law enforcement agencies
Notwithstanding any other provision of law, each public housing agency
that enters into a contract for assistance under section 1437d or 1437f
of this title with the Secretary shall furnish any Federal, State, or local
law enforcement officer, upon the request of the officer, with the current
address, social security number
42 USC Sec. 1758
Public Health and
Welfare
School Lunch Programs
Program requirements
(1) The Secretary shall require as a condition of eligibility for receipt of
free or reduced price lunches that the member of the household who
executes the application furnish the Social Security account number
of the parent
42 USC Sec. 3543
Public Health and
Welfare
Preventing fraud and abuse in
Department of Housing and
Urban Development programs
As a condition of initial or continuing eligibility for participation in any
program of the Department of Housing and Urban Development
involving loans, grants, interest or rental assistance of any kind, or
mortgage or loan insurance, and to ensure that the level of benefits
provided under such programs is proper, the Secretary of Housing and
Urban Development may require that an applicant or participant
(including members of the household of an applicant or participant)
disclose his or her Social Security account number or employer
identification number to the Secretary.
United States Code
Code Title Purpose
42 USC Sec. 402
Public Health and
Welfare
Old-age and survivors
insurance benefit payments
(3) Notwithstanding the provisions of section 552a of title 5 or any other
provision of Federal or State law, any agency of the United States
Government or of any State (or political subdivision thereof) shall make
available to the Commissioner of Social Security, upon written request,
the name and Social Security account number of any individual who
is confined as described in paragraph
42 USC Sec. 405
Public Health and
Welfare
Federal Old-age, Survivors,
and Disability Insurance
Benefits Evidence,
procedure, and certification
for payments
the Commissioner of Social Security shall take affirmative
measures to assure that Social Security account numbers will be
assigned
(C)(i) It is the policy of the United States that any State may utilize
the Social Security account numbers
issuance of a birth certificate, each State shall require each parent to
furnish to such State the Social Security account number
issued to the parent unless section 7(a) of the Privacy Act of 1974
does not prohibit the State from requiring the disclosure of such
number, by reason of the State having adopted, before January 1,
1975, a statute or regulation requiring such disclosure.
the Secretary of Agriculture may require each [food stamp] applicant
retail store or wholesale food concern to furnish to the Secretary of
Agriculture the Social Security account number of each individual
who is an officer
(ii) The Commissioner of Social Security shall require of applicants for
Social Security account numbers such evidence
(II) The Secretary of Agriculture may share any information with any
other agency of the United States which otherwise has access to
Social Security account numbers
Federal Crop Insurance Corporation shall [not] have access to any
such [social security] number for any purpose The Manager of the
Corporation may require each policyholder to provide the Social
Security account number of each policyholder.
(I) any State and any authorized blood donation facility may utilize
the Social Security account numbers for identifying blood
donors
(I) any State may utilize the Social Security account numbers
if such numbers have been collected in accordance with
applicable law [see section 7(a) of the Privacy Act of 1974]
(F) [to receive benefits] The Commissioner shall require a
Social Security account number
(G) The Commissioner shall issue a social security card
(ii) The Commissioner shall maintain file [of] names and
Social Security account numbers
42 USC Sec. 408
Public Health and
Welfare
Penalties [shall be guilty of a felony]
(A) willfully, knowingly, and with intent to deceive, uses a Social
Security account number
(8) discloses, uses, or compels the disclosure of the social security
number in violation of the laws
42 USC Sec. 503
Public Health and
Welfare
Grants to States for
Unemployment
Compensation Administration-
State laws
(A) the term wage information means information regarding wages
paid to an individual, the Social Security account number of such
individual
42 USC Sec. 652
Public Health and
Welfare
Child Support and
Establishment of Paternity
Duties of Secretary
(E) data, by State, on the use of the Federal Parent Locator Service,
and the number of locate requests submitted without the noncustodial
parent s Social Security account number
42 USC Sec. 653a
Public Health and
Welfare
Child Support and
Establishment of Paternity
State Directory of New Hires
each employer shall furnish to the Directory of New Hires the
name, address, and social security number of the employee
State Directory of New Hires shall provide the agency the name,
address, and social security number
42 USC Sec. 653
Public Health and
Welfare
Child Support and
Establishment of Paternity
Federal Parent Locator
Service
the Federal Parent Locator Service shall obtain and transmit t the
individual s social security number
The Social Security Administration shall verify (i) The name,
social security number
Policy Manual
Code Title Purpose
42 USC Sec. 654a
Public Health and
Welfare
Child Support and
Establishment of Paternity
Automated data processing
Such records shall use standardized data elements for both parents
(such as names, social security numbers
42 USC Sec. 666
Public Health and
Welfare
Child Support and
Establishment of Paternity
Requirement of statutorily
prescribed procedures to
improve effectiveness of child
support enforcement
In order to satisfy section 654(20)(A) of this title, each State must have
in effect laws requiring the use of the following procedures[:]
[ ] which the State child support enforcement agency shall request
Social Security account number
[ ] requiring that the social security number (A) any applicant for
a license be recorded on the application
[ ] with financial institutions doing business in the State to provide
social security number for each noncustodial parent
42 USC Sec.
1320a-3a
Public Health and
Welfare
Disclosure requirements for
other providers under part B
of Medicare
and Social Security account number of the part B provider
The Secretary shall transmit each Social Security account
number
42 USC Sec.
1320b-11
Public Health and
Welfare
Blood donor locator service Whenever the Commissioner of Social Security receive
s a request,
filed by an authorized person A request shall include the blood
donor s Social Security account number
42 USC Sec.
1320b-13
Public Health and
Welfare
Social security account
statements
eligible means an individual who has a Social Security
account number
46 USC Sec. 12103
Shipping
Documentation of Vessels
Certificates of documentation
The Secretary shall require each person s social security
number
46 USC Sec. 12501
Shipping
Establishment of a vessel
identification system
(A) the owner s social security number or, if that number is not
available
46 USC Sec. 12503
Shipping
Vessel Identification System
Information available to the
system
(A) the owner s social security number or, if that number is not
available
49 USC Sec. 30304
Transportation
National Driver Register
Reports by chief driver
licensing officials
(C) the Social Security account number if used by the State for
driver record or motor vehicle license purposes
49 USC Sec. 30502
Transportation
National Motor Vehicle Title
Information System
The Attorney General may authorize the operation The operator
may not collect an individual s Social Security account number or
permit users of the System to obtain an individual s address or Social
Security account number.
49 USC Sec. 31308
Transportation
Commercial driver s license the license contain (B) the Social Security account nu
mber or
other number or information appropriate to identify the individual
49 USC Sec. 31309
Transportation
Commercial driver s license
information system
shall include for each operator (C) the Social Security account
number of the operator or other number or information appropriate
to identify the operator
50 USC Appendix -
War and National
Defense
Selective Service Act
Offenses and penalties
The President may require the Secretary of Health and Human
Services to furnish name, date of birth, Social Security account
number, and address
50 USC Sec. 453 Selective Service Act
Registration
may require identifying information (including date of birth,
address, and Social Security account number)
United States Code of Federal
Regulations
This section is a list of the all of the applicable regulations dealing with the
social security
number. You will find it contains a lot of important information and will be a v
aluable
resource when asserting your rights.
To avoid a lot of unnecessary overhead each item contain enough excerpt to estab
lish the
content of the topic. You can read the entire law or section on the Web.
Table 5 Title 4 Accounts
Code Title Purpose
4 CFR 83.9 Social security number. (a) GAO may not require individuals to disclo
se their social security
number (SSN) unless disclosure would be required Under
statute (b) Individuals shall suffer no penalty or denial of benefits
for refusing to provide it.
4 CFR 83.12 Procedures for individual
access to records.
(b) The general identifying information items that the designated
GAO official may ask to be furnished before a specific inquiry is granted
include: (4) social security number
Table 6 Title 5 Administrative Personnel
Code Title Purpose
5 CFR 2502.16 Information to be disclosed. In such a case, the Office would with
hold names, home addresses,
salaries, telephone numbers, social security numbers,
Policy Manual
Table 7 Title 7 Agriculture
Code Title Purpose
7 CFR 1.123 Specific exemptions. Sec. 6 Social security account numbers. (a) No
agency shall deny,
or permit any State or local government with whom it is involved in a
cooperative venture to deny, to any individual any right, benefit, or
privilege provided by law because of such individual's refusal to
disclose his or her social security account number. (b) Paragraph (a) of
this section shall not apply with respect to: (1) Any disclosure required
by Federal statute; or (2) Any disclosure to any agency relating to a
system of records it maintained prior to January 1, 1975, if such
disclosure was required under statute or regulation adopted prior to
that date, to verify the identity of an individual. (c) Any agency in the
Department which requests an individual to disclose his or her social
security account number shall inform that individual whether the
disclosure is mandatory or voluntary, by what statutory or other
authority the number is solicited, and what uses will be made of it. The
agency shall also insure that this information is provided by a State or
local government with whom it is involved in a cooperative agreement.
7 CFR 226.23 Free and reduced-price
meals.
(C) The social security number of the adult household member who
signs the application, or an indication that he/she does not possess a
social security number;
7 CFR 245.6a Verification requirements. eligibility for free or reduced price me
als. These households shall be
advised of the type or types of information and/or documents
acceptable to the school. This information must include a social
security number for each adult household member or an indication that
such member does not have one.
7 CFR 273.6 Social security numbers. The State agency shall require that a house
hold participating or
applying for participation in the Food Stamp Program provide the State
agency with the social security number (SSN) of each household
member or apply for one before certification.
7 CFR 278.1 Approval of retail food stores
and wholesale food concerns.
(5) Taxpayer identification numbers. At the time of an initial request
for authorization as well as reauthorization, an applicant firm must
provide its employer identification number and social security numbers
as described below:
7 CFR 400.401 Basis and purpose and
applicability.
(a) The regulations contained in this subpart are issued pursuant to the
Act to prescribe procedures for the collection, use, and confidentiality of
Social Security Numbers (SSN) and Employer Identification
Numbers (EIN) and related records.
7 CFR 400.406 Insurance provider
responsibilities.
The insurance provider is required to collect and record the SSN or EIN
on each application or on any other form required by FCIC.
7 CFR 400.409 Unauthorized disclosure. Anyone having access to the records ident
ifying a participant's SSN or
EIN will abide by the provisions of section 205(c)(2)(C) of the Social
Security Act (42 U.S.C. 405(c)(2)(C), and section 6109(f), Internal
Revenue Code of 1986 (26 U.S.C. 6109(f) and the Privacy Act of 1974
(5 U.S.C. 552a). All records are confidential, and are not to be
disclosed to unauthorized personnel.
7 CFR 400.410 Penalties. Unauthorized disclosure of SSN's or EIN's by any person
may subject
that person, and the person soliciting the unauthorized disclosure, to
civil or criminal sanctions imposed under various Federal statutes,
including 26 U.S.C. 7613, 5 U.S.C. 552a, and 42 U.S.C. 408.
7 CFR 1965.92 Information to be provided to
IRS on RRH transfers,
voluntary conveyances,
foreclosures, and 100%
membership changes.
Exhibit A to this subpart (available in any FmHA or its successor
agency under Public Law 103-354 office) must be completed for each
project affected with particular attention given to supplying the
Employer Identification and/or the Social Security numbers of the
parties involved.
United States Code of Federal Regulations
Table 8 Title 8 Aliens and Nationality
Code Title Purpose
8 CFR 103.35 Use and collection of Social
Security numbers.
The use and collection of Social Security numbers shall be in
accordance with 28 CFR 16.56.
Table 9 Title 9 Animals and Animal Products
Code Title Purpose
9 CFR 93.106 Quarantine requirements. (2) To provide a current list of designate
d personnel employed by
the Importer who will be used to handle and care for birds during the
quarantine period. The list will include the legal names, current
residential addresses, and social security numbers of the designated
personnel.
Table 10 Title 10 Energy
Code Title Purpose
10 CFR 1008.22 Use and collection of social
security numbers.
(a) The System Manager of each system of records which utilizes
social security numbers as a method of identification without statutory
authorization or authorization by regulation adopted prior to January 1,
1975, shall revise the system to avoid future collection and use of the
social security numbers. (b) Heads of Headquarters Divisions and
Offices and heads of the other DOE locations shall insure that
employees authorized to collect information from individuals are
advised that individuals may not be required to furnish social security
numbers without statutory authorization, and that individuals who are
requested to provide social security numbers voluntarily must be
advised that furnishing the number is not required and that no penalty
or denial of benefits will flow from the refusal to provide it.
Table 11 Title 12 Banks and Banking
Code Title Purpose
12 CFR 21.11 Suspicious Activity Report. A national bank shall file a SAR If it
is determined prior to filing
this report that the identified suspect or group of suspects has used an
alias, then information regarding the true identity of the suspect or
group of suspects, as well as alias identifiers, such as drivers' license
or social security numbers, addresses and telephone numbers, must
be reported.
12 CFR 203.6 Enforcement. Make sure that all numbers are unique within your inst
itution. If your
register contains data for branch offices, for example, you could use a
letter or a numerical code to identify the loans or applications of
different branches, or could assign a certain series of numbers to
particular branches to avoid duplicate numbers. You are strongly
encouraged not to use the applicant's or borrower's name or social
security number, for privacy reasons.
12 CFR 205.11 Procedures for Resolving
Errors
The notice of error is effective even if it does not contain the
consumer s account number, so long as the financial institution is able
to identify the account in question. For example, the consumer could
provide a social security number or other unique means of
identification.
Policy Manual
Code Title Purpose
12 CFR 208.62 Suspicious activity reports. A member bank shall file a SAR If it
is determined prior to filing
this report that the identified suspect or group of suspects has used an
``alias,'' then information regarding the true identity of the suspect or
group of suspects, as well as alias identifiers, such as drivers' licenses
or social security numbers, addresses and telephone numbers, must
be reported.
12 CFR 353.3 Reports and records. A bank shall file a suspicious activity report
If it is determined prior
to filing this report that the identified suspect or group of suspects has
used an ``alias'', then information regarding the true identity of the
suspect or group of suspects, as well as alias identifiers, such as
driver's license or social security numbers, addresses and telephone
numbers, must be reported;
12 CFR 563b.3 General principles for
conversions.
Regarding conversions from mutual to stock form: The liquidation
subaccount of an account holder shall be maintained for as long as the
account holder maintains an account with the same social security
number.
12 CFR 563b.27 Application for voluntary
supervisory stock conversion.
(a) A plan of conversion adopted by a majority of the directors of the
association, which shall contain at a minimum the name and address of
the savings association; the names, addresses, dates and places of
birth, and social security numbers of the proposed purchasers of
conversion stock and their relationship to the savings association;
12 CFR 563.180 Suspicious Activity Reports
and other reports and
statements.
savings associations and service corporations file a Suspicious
Activity Report If it is determined prior to filing this report that the
identified suspect or group of suspects has used an alias, then
information regarding the true identity of the suspect or group of
suspects, as well as alias identifiers, such as drivers' license or social
security numbers, addresses and telephone numbers, must be
reported.
12 CFR 792.36 Use and collection of Social
Security numbers.
The head of each NCUA Office shall take such measures as are
necessary to ensure that employees authorized to collect information
from individuals are advised that individuals may not be required
without statutory or regulatory authorization to furnish Social Security
numbers, and that individuals who are requested to provide Social
Security numbers voluntarily must be advised that furnishing the
number is not required and that no penalty or denial of benefits will flow
from the refusal to provide it.
12 CFR 792.55 Times, places, and
requirements for identification
of individuals making requests
and identification of records
requested.
(c) An individual may request by telephone notification the NCUA
official responding to the request shall require, for the purpose of
identity, at least two items of identifying information (such as date of
birth, home address, social security number) already possessed by
the NCUA.
12 CFR 792.63 Collection of information from
individuals; information forms.
(a) The system manager, as identified in the Notice of Systems of
Records published in the Federal Register for each system of records
maintained by the Administration, shall be responsible for (5) To
ensure that any form requesting disclosure of a social security
number, or an accompanying statement, clearly advises the individual
of the statute or regulation requiring disclosure of the number, or clearly
advises the individual that disclosure is voluntary and that no
consequence will flow from a refusal to disclose it, and the uses that will
be made of the number whether disclosed mandatorily or voluntarily.
12 CFR 792.68 Use and collection of social
security numbers.
The head of each NCUA Office shall take such measures as are
necessary to ensure that employees authorized to collect information
from individuals are advised that individuals may not be required
without statutory or regulatory authorization to furnish social security
numbers, and that individuals who are requested to provide social
security numbers voluntarily must be advised that furnishing the
number is not required and that no penalty or denial of benefits will flow
from the refusal to provide it.
United States Code of Federal Regulations
Table 12 Business Credit and Assistance
Code Title Purpose
13 CFR 102.24 What is a record? A record is information which SBA maintains on a
n individual and which
includes either his name or an identifying symbol (such as a fingerprint,
a social security number ( SSN ), or a photograph).
13 CFR 102.34 How can I see records kept on
me?
The Systems Manager may ask you for your social security
number but you are not obliged to present it and your request will not
be denied simply because you do not provide it. The Systems Manager
may, however, deny your request if he or she cannot determine that
you are the person to whom the information pertains.
Table 13 Title 14 Aeronautics and Space
Code Title Purpose
14 CFR 61.29 Replacement of a lost or
destroyed airman or medical
certificate or knowledge test
report.
(d) The letter requesting replacement must state: (3) The
social security number;
14 CFR 63.16 Change of name; replacement
of lost or destroyed certificate.
(b) An application for a replacement The letter must-- (1) social
security number (if any),
14 CFR 65.16 Change of name:
Replacement of lost or
destroyed certificate.
(b) An application for a replacement The letter must-- (1) social
security number (if any),
14 CFR 1212.604 Social security numbers. (a) It is unlawful for NASA to deny to
individuals any rights, benefits, or
privileges provided by law because of the individuals' refusal to
disclose their social security numbers, except where:
Table 14 Title 16 Commercial Practices
Code Title Purpose
16 CFR 603 Definitions and Rules of
Construction
To be a consumer report, the information must bear on at least one
of the seven characteristics listed in this definition. B. Credit guides.
Credit guides are listings, furnished by credit bureaus to credit grantors,
that rate how well consumers pay their bills. Such guides are a series of
consumer reports, because they contain information which is used for
the purpose of serving as a factor in establishing the consumers
eligibility for credit. However, if they are coded (by identification such as
social security number, driver s license number, or bank account
number) so that the consumer s identity is not disclosed, they are not
consumer reports until decoded.
Table 15 Title 17 Commodity and Securities Exchanges_
Code Title Purpose
17 CFR 239.144 Form 144, for notice of
proposed sale of securities
pursuant to Sec. 230.144 of
this chapter.
Social security account numbers, if furnished, will assist the
Commission in identifying persons desiring to sell unregistered
securities and, therefore, in promptly processing notices of proposed
sale of securities.
17 CFR 249.501a Form BDW, notice of
withdrawal from registration
as broker-dealer pursuant to
Sec. 240.15b6-1, Sec.
240.15Bc3-1, or Sec.
240.15Cc1-1 of this chapter.
except for social security account numbers, disclosure of which is
voluntary.
Policy Manual
Table 16 Title 18 Conservation of Power and Water Resources_
Code Title Purpose
18 CFR 3b.202 Collection of information from
individuals concerned.
(c) Social security numbers will not be required from individuals
whom the Commission asks to supply information unless the disclosure
of the number is required by Federal statute or unless disclosure is to
the Commission maintaining a system of records in existence and
operating before January 1, 1975, if such disclosure was required
pursuant to a statute or regulation adopted prior to such date to verify
the identity of an individual. When an individual is requested to disclose
his social security number to the Commission, he will be informed
under what statutory or other authority such number is solicited, what
uses will be made of it, whether disclosure is mandatory or voluntary,
and if it is mandatory, under what provisions of law or regulation.
Table 17 Title 19 Customs Duties
Code Title Purpose
19 CFR 4.3 Permits and special licenses
for unlading and lading.
(m) A permit to unlade pursuant to this part 4 or part 122 of this chapter
shall not be granted to an importing carrier, and a term permit to unlade
previously granted to such a carrier shall be revoked, (1) if such carrier,
within 30 days after the date of receipt of a written demand by the port
director, does not furnish a written list of the names, addresses, social
security numbers,
19 CFR 19.3 Bonded warehouses;
alterations; relocation;
suspensions; discontinuance.
(d) Employee lists. The port director may make a written demand upon
the proprietor to submit, within 30 days after the date of demand, a
written list of the names, addresses, social security numbers, and dates
and places of birth of all persons employed by the proprietor in the
carriage, receiving, storage, or delivery of any bonded merchandise.
19 CFR 19.46 Employee lists. A permit shall not be granted to an operator to tra
nsfer a container or
containers to a container station, if the operator, within 30 calendar
days after the date of receipt of a written demand by the port director,
does not furnish a written list of names, addresses, social security
numbers, and dates and places of birth of persons employed by him in
connection with the movement, receipt, storage or delivery of imported
merchandise.
19 CFR 24.5 Filing identification number. (2) If neither an Internal Revenue Ser
vice employer identification
number nor a social security number has been assigned, the word
None shall be written on the line provided for each of these numbers
on Customs Form 5106 and the form shall be filed in duplicate. (c)
Assignment of importer identification number. Upon receipt of a
Customs Form 5106 without an Internal Revenue Service employer
identification number or a social security number, an importer
identification number shall be assigned
19 CFR 24.24 Harbor Maintenance Fee (i) Privacy Act notice. Whenever an identifi
cation number is requested
on the summary sheets the disclosure of the social security
number is mandatory when an internal revenue service number is not
disclosed. Identification numbers required in the course of shipping
or importing merchandise
19 CFR 24.26 Automated Clearinghouse
credit.
(a) Description. Automated Clearinghouse (ACH) credit payer
identifier (importer number or social security number or Customs
assigned number or filer code if the
19 CFR 111.28 Responsible supervision. (a) General rule. Every licensed [Customs
] broker a list of the names
of persons currently employed at that port. For each such employee,
the broker also shall provide the current home address, last prior home
address, social security number, date and place of birth, and
19 CFR 113.37 Corporate sureties. (a) Lists of corporations and limits of their
bonds. (d) social security
number of agent or attorney on the bond.
United States Code of Federal Regulations
Code Title Purpose
19 CFR 118.11 Contents of application. (f) A list of all employees involved in t
he CES operation setting forth
their names, dates of birth, and social security numbers. (Providing
social security numbers is voluntary; however, failure to provide the
number may hinder the investigation process.);
19 CFR 122.25 Exemption from special
landing requirements.
Note. Where the social security number is requested, furnishing of
the SSN is voluntary. The SSN will be made available to Customs
personnel on a need-to-know basis. Failure to provide the SSN may
result in a delay in processing of the application;
19 CFR 146.7 Zone changes. (g) List of officers, employees, and other persons. T
he port director
may make a written demand upon the operator to submit, within 30
days after the date of the demand, a written list of the names,
addresses, social security numbers,
19 CFR 201.25 Times, places, and
requirements for identification
of individuals making
requests.
In order to help the identification and location of requested records,
a requestor may also, at his or her option, include the individual s
social security number.
Table 18 Title 20 Employees' Benefits
Code Title Purpose
20 CFR 10.100 How and when is a notice of
traumatic injury filed?
(a) To claim benefits under the FECA The person submitting a
notice shall include the social security number (SSN) of the injured
employee.
20 CFR 10.101 How and when is a notice of
occupational disease filed?
(a) To claim benefits under the FECA The person submitting a
notice shall include the social security number (SSN) of the injured
employee.
20 CFR 200.5 Protection of privacy of
records maintained on
individuals.
(c) Procedure for requesting personally identifiable records
maintained by the Railroad Retirement Board provide identifying
data, such as his full name, date of birth, and social security number.
(p) Disclosure of social security account numbers. Whenever an
individual is requested by the Railroad Retirement Board to disclose his
social security account number he shall be informed as to whether
such disclosure is mandatory or voluntary. If disclosure of the
individual s social security account number is mandatory, he shall be
informed of the statutory authority requiring such disclosure.
20 CFR 209.3 social security number
required.
Each employer shall furnish to the [Railroad] Board a social security
number for each employee for whom any report is submitted to the
Board. Employers are encouraged to validate any social security
number provided under this section.
20 CFR 209.13 Employers gross earnings
reports.
(a) The gross earnings sample is based on the earnings of
employees whose social security numbers end with the digits 30.
20 CFR 266.4 Information considered in
selecting a representative
payee.
In selecting a representative payee, the [Railroad] Board may
consider such factors as the following: (f) Verification of the social
security account number, name, address, telephone number, place
of employment,
20 CFR 295.3 Documentation and service. (a) Court decree or property settlement.
The [Railroad] Board will honor
a court decree or a property settlement which (2) Identifying
information concerning the spouse or former spouse such as social
security number, full name, and current address.
20 CFR 341.3 Notice of lien. (a) Notice to alleged tortfeasor. The Board shall m
ail a Notice of Lien
to each person The notice shall include: (1) The employee s name,
address and social security number;
Policy Manual
Code Title Purpose
20 CFR 401.25 Terms defined. Information means information about an individual,
and includes, but
is not limited to, vital statistics; race, sex, or other physical
characteristics; earnings information; professional fees paid to an
individual and other financial information; benefit data or other claims
information; the social security number, employer identification
number, or other individual identifier; address;
20 CFR 401.60 Access or notification of
program records about two or
more individuals.
When information about two or more individuals is in one record filed
under your social security number
20 CFR 401.200 Blood donor locator service. (c) Use of social security number fo
r identification. A State or an
authorized person in the State may require a blood donor to furnish his
or her social security number when donating blood.
20 CFR 402.100 Exemption six: Clearly
unwarranted invasion of
personal privacy.
(c) Examples. Some of the information that we frequently withhold
under Exemption Six is: Home addresses, ages, and minority group
status of our employees or former employees; social security numbers;
20 CFR 404.401 Deduction, reduction, and
nonpayment of monthly
benefits or lump-sum death
payments.
(d) Nonpayments. Nonpayment of monthly benefits may be required
because: (4) The individual has not provided satisfactory proof that
he or she has a social security number or has not properly applied for
a social security number
20 CFR 404.469 Nonpayment of benefits
where individual has not
furnished or applied for a
social security number.
No monthly benefits will be paid to an entitled individual unless he or
she either furnishes to the Social Security Administration (SSA)
satisfactory proof of his or her social security number, or, if the
individual has not been assigned a number, he or she makes a proper
application for a number (see Sec. 422.103). An individual submits
satisfactory proof of his or her social security number by furnishing to
SSA the number and sufficient additional information that can be used
to determine whether that social security number or another number
has been assigned to the individual. Sufficient additional information
may include the entitled individual s date and place of birth, mother s
maiden name, and father s name. If the individual does not know his or
her social security number, SSA will use this additional information to
determine the social security number, if any, that it assigned to the
individual. This rule applies to individuals who become entitled to
benefits beginning on or after June 1, 1989.
20 CFR 404.601 Introduction. Part 422 contains the requirements for applying for
a social
security number.
20 CFR 404.701 Introduction. Evidence needed to obtain a social security number
card is
described in part 422.
20 CFR 404.810 How to obtain a statement of
earnings and a benefit
estimate statement.
If you have a social security number and have wages or net earnings
from self-employment, you may also request
20 CFR 404.812 Statement of earnings and
benefit estimates sent without
request.
we will send you, without request, a statement of earnings and
benefit estimates if: (1) You have a social security account number;
20 CFR 404.902 Administrative actions that are
initial determinations.
(v) Nonpayment of your benefits under Sec. 404.469 because you
have not furnished us satisfactory proof of your social security
number, or, if a social security number has not been assigned to
you, you have not filed a proper application for one; and
20 CFR 404.933 How to request a hearing
before an administrative law
judge.
(a) Written request. You may request a hearing by filing a written
request. You should include in your request (1) The name and social
security number of the wage earner;
20 CFR 404.1225 Records for wages paid
prior to 1987.
(a) Who keeps the records. Every State which enters into an
agreement shall keep records shall show for each employee: (1) The
employee s name, address, and social security number;
20 CFR 404.1595 When we determine that you
are not now disabled.
If your dependents are receiving benefits on your social security
number and do not live with you, we will also give them advance
notice.
United States Code of Federal Regulations
Code Title Purpose
20 CFR 404.1596 Circumstances under which
we may suspend your
benefits before we make a
determination.
benefits may be suspended. We will contact your spouse and
children if they are receiving benefits on your social security number
20 CFR 404.1597 After we make a
determination that you are not
now disabled.
We will send you If your spouse and children are receiving
benefits on your social security number
20 CFR 416.710 What reports must include. When you make a report you must tell u
s (a) The name and social
security number under which benefits are paid;
20 CFR 422.101 Material included in this
subpart.
This subpart describes the procedures relating to applications for and
assignment of social security numbers
20 CFR 422.103 Social Security Numbers. (a) General. The Social Security Adminis
tration (SSA) maintains a
record of the earnings reported for each individual assigned a social
security number. The individual s name and social security number
identify the record Additional procedures concerning social security
numbers may be found in Internal Revenue Service, Department of the
Treasury regulation 26 CFR 31.6011(b)-2.
(b) Applying for a number (1) Form SS-5. An individual needing a
social security number may apply for one by filing a signed form SS-5
(3) Immigration form. an alien need not complete a Form SS-5 with
SSA and may request, through DOS or INS, as part of the immigration
process, that SSA assign a social security number and issue a social
security number card to him/her.
A person who is assigned a social security number will receive a
social security number card social security number cards are
the property of SSA and must be returned upon request.
20 CFR 422.104 To whom social security
numbers are assigned.
A social security number may be assigned to an applicant who meets
the evidence requirements
20 CFR 422.106 Filing applications with other
government agencies.
(a) Agreements. In carrying out its responsibilities to assign social
security numbers, SSA enters into agreements with the United States
Attorney General, other Federal officials, and State and local welfare
agencies. (b) States. SSA and a State may enter into an agreement
that authorizes employees of a State or one of its subdivisions to
accept social security number card applications from some
individuals who apply for or are receiving welfare benefits under a
State-administered Federal program.
20 CFR 422.107 Evidence requirements. (a) General. An applicant for an original
social security number card
must submit documentary evidence which the Commissioner of Social
Security regards as convincing evidence of age, U.S. citizenship or
alien status, and true identity. An applicant for a duplicate or corrected
social security number card must submit
20 CFR 422.108 Criminal penalties. A person may be subject to criminal penalties
for furnishing false
information in connection with earnings records or for wrongful use or
misrepresentation in connection with social security numbers,
pursuant to section 208 of the Social Security Act and sections of title
18 U.S.C. (42 U.S.C. 408; 18 U.S.C. 1001 and 1546).
Policy Manual
Code Title Purpose
20 CFR 422.120 Earnings reported without a
social security number or
with an incorrect employee
name or social security
number.
(a) Correcting an earnings report. If an employer reports an employee's
wages to SSA without the employee's social security number or with a
different employee name or social security number than shown in
SSA's records for him or her, SSA will write to the employee at the
address shown on the wage report and request the missing or
corrected information. If the wage report does not show the employee's
address or shows an incomplete address, SSA will write to the
employer and request the missing or corrected employee information.
SSA notifies IRS of all wage reports filed without employee social
security numbers so that IRS can decide whether to assess penalties
for erroneous filing, pursuant to section 6721 of the Internal Revenue
Code. If an individual reports self-employment income to IRS without a
social security number or with a different name or social security
number than shown in SSA's records, SSA will write to the individual
and request the missing or corrected information.
20 CFR 422.520 Forms related to maintenance
of earnings records.
SS-5 Application for a social security number OA-702
social security number Card. OAAN-5028 Evidence of
Application for social security number Card. OAAN-7003
Request for Change in Social Security Records. (For use by an
individual to change information given on original application for a
social security number.)
20 CFR 422.114 Annual wage reporting
process.
if 90 percent or more of an employer's magnetic media wage reports
have no social security numbers or incorrect employee names or social
security numbers so that SSA is unable to credit their wages to its
records, SSA will not attempt to correct the errors, but will instead
return the reports
20 CFR 422.710 Procedures SSA will follow. (2) SSA employees authorized to liste
n-in to or record telephone
calls are permitted to annotate personal identifying information about
the calls, such as a person s name, social security number, address

Table 19 Title 21 Food and Drugs Services

Code Title Purpose
21 CFR 821.25 Device tracking system and
content requirements:
manufacturer requirements.
(a) A manufacturer of a tracked device shall adopt a method of tracking
for each such type of device that it distributes that enables a
manufacturer to provide FDA with the following information for life-
sustaining or life-supporting devices implantation in a patient: (iii)
The name, address, telephone number, and social security number
(if available) of the patient
21 CFR 821.30 Tracking obligations of
persons other than device
manufacturers: distributor
requirements.
(a) A distributor, of a tracked device for use in or by the patient, shall
promptly provide the manufacturer tracking the device with the
following information: (3) The name, address, telephone number,
and social security number (if available) of the patient
Table 20 Title 22 Foreign Relations
Code Title Purpose
22 CFR 215.3 Procedures for requests
pertaining to individual
records in a system of
records.
if known, and, to facilitate the retrieval of records contained in those
systems of records which are retrieved by social security numbers,
20 CFR 503.8 Exemptions. (2) Information frequently withheld. We frequently with
hold such
information as home addresses, ages, minority group status, social
security numbers,
22 CFR 505.1 Purpose and scope. The Agency has also established internal rules r
estricting
requirements of individuals to provide social security account numbers.
United States Code of Federal Regulations
Table 21 Title 23 Highways
Code Title Purpose
23 CFR 633.302 Applicability. g. [Federal highway construction contracts] Each e
mployee s social
security number must be shown on the first payroll on which his name
appears.
23 CFR 1327.3 Definitions. (n) Pointer Record means a report containing the foll
owing data:
name of the State transmitting such information; and (3) The social
security account number, if used by the reporting State for driver
record or motor vehicle license purposes, and
23 CFR 1327.5 Conditions for becoming a
participating State.
(a) Reporting requirements. (1) The chief driver licensing official in
each participating State shall transmit to the NDR a report regarding
any individual (i) Who is denied a motor vehicle operator s license by
such State for cause (2) Any report regarding any individual which is
transmitted by a chief driver licensing official pursuant to this
requirement shall contain the following data: (iii) The social security
account number, if used by the reporting State
Table 22 Title 24 Housing and Urban Development
Code Title Purpose
24 CFR 5.210 Purpose, applicability, and
Federal preemption.
(a) Purpose. This subpart B requires applicants for and participants in
covered HUD programs to disclose, and submit documentation to
verify, their social security numbers (SSNs).
24 CFR 5.212 Compliance with the Privacy
Act and other requirements.
(a) Compliance with the Privacy Act. The collection, maintenance, use,
and dissemination of SSNs, EINs, any information derived from SSNs
and Employer Identification Numbers (EINs), and income information
under this subpart shall be conducted, to the extent applicable, in
compliance with the Privacy Act (5 U.S.C. 552a) and all other
provisions of Federal, State, and local law.
24 CFR 5.214 Definitions. Income information means information relating to an in
dividual s
income, including: including any social security number; name of
the employee; quarterly wages of the employee; and the name,
social security number (SSN) means the nine-digit number that is
assigned to a person by the Social Security Administration and that
identifies the record of the person s earnings reported to the Social
Security Administration.
24 CFR 5.216 Disclosure and verification of
Social Security and Employer
Identification Numbers.
The complete and accurate SSN (f) Required documentation
(1) social security numbers. The documentation necessary to verify
the SSN of an individual who is required to disclose his or her SSN
under paragraphs (a) through (d) of this section is a valid SSN card
issued by the SSA, or such other evidence of the SSN as HUD and,
where applicable, the HA may prescribe in administrative instructions.
24 CFR 5.218 Penalties for failing to disclose
and verify Social Security and
Employer Identification
Numbers.
The processing entity must deny the eligibility of applicant does
not meet the applicable SSN disclosure
24 CFR 200.6 Employer identification and
social security numbers.
The requirements set forth in 24 CFR part 5, regarding the disclosure
and verification of social security numbers and employer
identification numbers by applicants and participants in assisted
mortgage and loan insurance and related programs, apply to these
programs.
24 CFR 201.6 Disclosure and verification of
Social Security and Employer
Identification Numbers.
To be eligible for loan insurance under this part, the borrower must
meet the requirements for the disclosure and verification of Social
Security and Employer Identification Numbers, as provided by part 200,
subpart U, of this chapter.
Policy Manual
Code Title Purpose
24 CFR 201.22 Credit requirements for
borrowers.
(2) The [HUD] lender verify that the borrower s social security
number is valid, through such documentation as may be prescribed by
the Secretary.
24 CFR 203.35 Disclosure and verification of
Social Security and Employer
Identification Numbers.
To be eligible for [HUD] mortgage insurance under this part, the
mortgagor must meet the requirements for the disclosure and
verification of Social Security and Employer Identification Numbers, as
provided by part 200, subpart U, of this chapter.
24 CFR 203.674 Eligibility for continued
occupancy.
(a) Occupancy because of temporary, permanent, or long-term illness
or injury of an individual residing in the property will be limited to a
reasonable time, to be determined by the Secretary on a case-by-case
basis, and will be permitted only if all the conditions in this paragraph
(a) are met: (5) The occupant discloses and verifies social security
numbers,
24 CFR 235.355 Mortgagor's optional
recertification.
See 24 CFR 200.1015(d)(2)(i) for the requirements for the
disclosure and verification of Social Security Numbers for
recertifications involving new family members.
24 CFR 235.375 Termination, suspension, or
reinstatement of the
assistance payments
contract.
The assistance payments contract shall be terminated when (4)
The mortgagee is unable to obtain from the (if required)
disclosure and verification of Social Security Numbers,
24 CFR 572.110 Identifying and selecting
eligible families for
homeownership.
Require the family to meet the requirements for the disclosure and
verification of social security numbers, as provided by part 5, subpart B,
of this title; and
24 CFR 880.603 Selection and admission of
assisted tenants.
(2) If the owner determines that an applicant is ineligible on the basis
of income or family composition, or because of failure to meet the
disclosure and verification requirements for Social Security Numbers
(as provided by 24 CFR part 5),
24 CFR 882.515 Reexamination of family
income and composition.
the PHA must require the family to disclose and verify Social
Security Numbers.
24 CFR 884.118 Responsibilities of the owner. obtaining and verifying Social Sec
urity Numbers submitted by
applicants
24 CFR 884.218 Reexamination of family
income and composition.
the owner must require the family to disclose and verify Social
Security Numbers,
24 CFR 886.119 Responsibilities of the owner. obtaining and verifying Social Sec
urity Numbers submitted by
applicants
24 CFR 886.124 Reexamination of family
income and composition.
the owner must require the family to disclose and verify Social
Security Numbers.
24 CFR 886.318 Responsibilities of the owner. obtaining and verifying Social Sec
urity Numbers submitted by
applicants
24 CFR 886.324 Reexamination of family
income and composition.
the owner must require the family to disclose and verify Social
Security Numbers,
24 CFR 891.410 Selection and admission of
tenants.
(a) Written procedures. The Owner shall adopt written tenant selection
procedures that ensure nondiscrimination in the selection of tenants
and that are consistent with the purpose of improving housing
opportunities for very low-income elderly persons and persons with
disabilities Applicant households must meet the disclosure and
verification requirements for social security numbers,
24 CFR 891.610 Selection and admission of
tenants.
(c) Determination of eligibility the disclosure and verification
requirements for social security numbers
24 CFR 891.750 Selection and admission of
tenants.
Applicant families applying for assisted must meet the disclosure
and verification requirements for social security numbers
24 CFR 960.209 Reexamination of family
income and composition.
the PHA must require the family to disclose and verify Social
Security Numbers,
United States Code of Federal Regulations
Table 23 Title 26 Internal Revenue
Code Title Purpose
26 CFR 1.1041-1T Treatment of transfer of
property between spouses or
incident to divorce
(temporary).
Q-18: How do spouses (or former spouses) elect to have section 1041
includes each spouse s social security number and
26 CFR 1.121-4 Election. (a) General rule. A taxpayer may make [/revoke] an elec
tion under
section 121(a) in respect of a particular sale (or may revoke any such
election) (b) Manner of making election statement shall also show
(4) The names and social security numbers of the owners of the
residence
26 CFR 1.1445-1 Withholding on dispositions of
U.S. real property interests by
foreign persons: In general.
No particular form is required but the notice must set forth the name,
address, and taxpayer identification number, if any (9) an
individual s identifying number is the social security number
26 CFR 1.1445-2 Situations in which
withholding is not required
under section 1445(a).
(2) Transferor s certification of non-foreign status furnishes to the
transferee a certification that (B) Sets forth the transferor s name,
identifying number and an individual s identifying number is the
individual s social security number and
26 CFR 1.1445-5 Special rules concerning
distributions and other
transactions by corporations,
partnerships, trusts, and
estates.
(ii) An entity or fiduciary that fails to withhold tax with respect to a
transfer must (B) The name, office address, and identifying
number (if any) an individual s identifying number is the individual s
social security number and
26 CFR 1.152-4 Support test in case of child of
divorced or separated
parents.
(i) The name of the child (or children) being claimed as a dependent
and social security number of both parents;
26 CFR 1.170A-13 Recordkeeping and return
requirements for deductions
for charitable contributions.
(ii) A qualified appraisal shall include the following information:
(E) The name, address, and (if a taxpayer identification number is
otherwise required (A) The name and taxpayer identification number
of the donor (social security number if the donor is an individual or
26 CFR
1.1402(e)(1)-1
Election by ministers,
members of religious orders,
and Christian Science
practitioners for self-
employment coverage.
(b) Waiver certificate. The certificate on Form 2031 An application
for a social security account number filed on Form SS-5 or the filing
of an income tax return showing an amount representing self-
employment income or self-employment tax shall not be construed to
constitute an election
26 CFR 1.1402(g)-1 Treatment of certain
remuneration erroneously
reported as net earnings from
self-employment.
(b) Request for validation. information shall be shown (i) The
name, address, and social security account number of
26 CFR 1.1402(a)-11 Ministers and members of
religious orders.
(c) Minister in a foreign country desires to have the Federal old-
age, survivors, and disability insurance system established shall
include (b) His social security account number, if he has one.
26 CFR 1.215-1T Alimony, etc., payments
(temporary).
information is required by the Internal Revenue Service when
maintenance payment is claimed as a deduction payee s social
security number
26 CFR 1.44-3 Certificate by seller. Taxpayers claiming the credit should attach
Form 5405, Credit for
Purchase or Construction of New Principal Residence I certify
before 1975 sold to (state name social security number
of purchaser)
26 CFR 1.6050L-1 Information return by donees
relating to certain dispositions
of donated property.
(3) The name and taxpayer identification number of the donor
(social security number if the donor is an individual
26 CFR 1.6052-1 Information returns regarding
payment of wages in the form
of group-term life insurance.
Every employer, who provides employees remuneration of
group-term life insurance includes social security number of the
employee
26 CFR 1.6017-1 Self-employment tax returns. (c) Every individual making a retur
n before January 1, 1962, is
required to social security account number failure to apply for
or receive a social security account number will not excuse the
individual
Policy Manual
Code Title Purpose
26 CFR 1.6109-2 Furnishing identifying number
of income tax return preparer.
Each return of tax or claim for refund prepared by such
preparer s social security account number
26 CFR 1.6696-1 Claims for credit or refund by
income tax return preparers.
(2) A preparer may file (2) The preparer s identification number.
26 CFR 1.860E-2 Tax on transfers of residual
interests to certain
organizations.
Transferee furnishes (A) A social security number
26 CFR 1.897-1 Taxation of foreign investment
in United States real property
interests, definition of terms.
(p) Identifying number. The identifying number of an individual is
the individual s United States social security number.
26 CFR 1.911-7 Procedural rules. individual must elect, separately with respect
to each exclusion, to
exclude foreign earned income statement shall include (i) The
individual s name, address, and social security number;
26 CFR 11.415(c)(4)-1 Special elections for section
403(b) annuity contracts
purchased by educational
institutions, hospitals and
home health service
agencies.
(C) election limitation must include the individual s name,
address and social security number.
26 CFR 301.7811-1 Taxpayer assistance orders. (b) The application for a taxpayer
assistance shall contain
(i) Name, social security number
26 CFR 301.6320-1T Notice and opportunity for
hearing upon filing of notice of
Federal tax lien (temporary).
Q-C1. What must a taxpayer do to obtain a CDP hearing? request
taxpayer s name, address, daytime telephone number, and taxpayer
identification number (SSN or TIN);
26 CFR 301.6330-1T Notice and opportunity for
hearing prior to levy
(temporary).
Q-C1. What must a taxpayer do to obtain a CDP hearing? request
taxpayer s name, address, daytime telephone number, and taxpayer
identification number (SSN or TIN).
26 CFR 301.6057-1 Employee retirement benefit
plans; identification of
participant with deferred
vested retirement benefit.
(a) Annual registration statement (4) Filing requirements.
Information relating to the deferred vested retirement benefit There
shall be filed on schedule SSA the name and social security number
of the participant
26 CFR 301.6109-1 Identifying numbers. There are generally three types of taxpay
er identifying numbers:
social security numbers, Internal Revenue Service (IRS) individual
taxpayer identification numbers, and employer identification
numbers. social security numbers take the form 000-00-0000 Any
individual required shall apply for one Individuals who are
ineligible for or do not wish to participate in the benefits of the social
security program shall nevertheless obtain a social security number if
they are required to furnish such a number Any individual who is
duly assigned a social security number or who is entitled to a social
security number will not be issued an IRS individual taxpayer
identification number. (c) Requirement to furnish another s number.
Every person required under this title to make a return, statement, or
other document must furnish such taxpayer identifying numbers of
other U.S. persons and foreign persons that are described in paragraph
(b)(2)(i), (ii), or (iii) of this section as required by the forms and the
accompanying instructions. If the person making the return, statement,
or other document does not know the taxpayer identifying number of
the other person, such person must request the other person s number.
A request should state that the identifying number is required to be
furnished under authority of law. When the person making the return,
statement, or other document does not know the number of the other
person, and has complied with the request provision of this paragraph,
such person must sign an affidavit on the transmittal document
forwarding such returns, statements, or other documents to the Internal
Revenue Service, so stating. A person required to file a taxpayer
identifying number shall correct any errors in such filing when such
person s attention has been drawn to them.
United States Code of Federal Regulations
Code Title Purpose
26 CFR 301.6109-1T Identifying numbers
(temporary).
There are four principal types of taxpayer identifying numbers:
social security numbers, Internal Revenue Service (IRS) individual
taxpayer identification numbers, employer identification numbers, and
IRS adoption taxpayer identification numbers. social security
numbers take the form 000-00-0000. IRS individual taxpayer
identification numbers and IRS adoption taxpayer identification
numbers also take the form 000-00-0000 but include a specific number
or specific numbers designated by the IRS. Employer identification
numbers take the form 00- 0000000.
26 CFR 301.6109-3T IRS adoption taxpayer
identification numbers
(temporary).
When an adoption becomes final, the adoptive parent must apply for
a social security number
26 CFR 301.6305-1 Assessment and collection of
certain liability.
(2) The assessment of a certified amount shall provide (ii)
The name, social security number, and
26 CFR 301.6334-4 Verified statements. The statement containing the (2) The name
, relationship, and
social security number of each individual whom the taxpayer can
claim as a personal exemption
26 CFR 301.6402-5 Offset of past-due support
against overpayment.
(c) Notification of liability for past-due support shall contain (ii)
The social security number of that taxpayer; (f) The Internal
Revenue Service shall advise the Secretary of Health and Human
Services or his delegate on a monthly basis of the names and social
security numbers of the taxpayers from whom the amounts of past-
due support were collected
26 CFR 301.7624-1 Reimbursement to State and
local law enforcement
agencies.
For purposes of this paragraph (b), information includes, but is not
limited to, tax years of violations, aliases, addresses, social security
numbers and
26 CFR 301.7701-11 Social security number. For purposes of this chapter, the ter
m social security number means
the taxpayer identifying number of an individual
26 CFR 31.3121(k)-4 Constructive filing of waivers
of exemption from social
security taxes by certain tax-
exempt organizations.
(ii) The waiver certificate shall be deemed to have been
accompanied by a list containing the signature, address, and social
security number (if any) of each employee
26 CFR 31.3402(p)-1 Voluntary withholding
agreements.
(ii) In the case of an employee who desires to enter into an [W-4]
agreement under section 3402(p) with his employer a request for
withholding shall contain (a) The name, address, and social
security number of the employee making the request,
26 CFR 31.3406(d)-4 Special rules for readily
tradable instruments acquired
through a broker.
A broker who is required to notify the payor provided that the
notice includes (i) The payee s name, address, and taxpayer
identification number (An individual s taxpayer identification number
is his or her social security number.)
26 CFR 31.3406(h)-1 Definitions. Taxpayer identification number means the identi
fying number
assigned to a person under section 6109 (relating to identifying
numbers, generally a nine-digit social security number for an
individual
26 CFR 31.6053-1 Report of tips by employee to
employer.
The written statement furnished by the employee to the employer in
respect of tips received by the employee shall be signed by the
employee and should disclose: (i) The name, address, and social
security number of the employee.
26 CFR 31.6053-3 Reporting by certain large
food or beverage
establishments with respect to
tips.
An employer shall file a separate information return shall contain
(i) The employer s name, address, and employer identification
number; (viii) The name and social security number of each
employee
26 CFR 31.3402(q)-1 Extension of withholding to
certain gambling winnings.
(f) Every person making payment of winnings shall contain
(i) The name, address, and employer identification number of the
payer; (ii) The name, address, and social security account number
of the winner; . (v) Except with respect to winnings from a wager
placed in a State two types of identification social security
account number or voter registration number
Policy Manual
Code Title Purpose
26 CFR 31.6051-1 Statements for employees. Every employer required to deduct and
withhold from an
employee a statement on Form W-2 must be furnished to each
employee shall show (a) The name, address, and identification
number of the employer. (b) The name and address of the employee,
and his social security account number if wages as defined
26 CFR 31.6051-3 Statements required in case
of sick pay paid by third
parties.
Every payor of sick pay shall furnish to the employer of the payee of
the sick pay a written statement must contain (i) The name and, if
there is withholding from sick pay under section 3402(o) and the
regulations thereunder, the social security account number of the
payee,
26 CFR 31.3121(k)-3 Request for coverage of
individual employed by
exempt organization before
August 1, 1956.
applicable to requests before September 14, 1960 request
shall (b) The name, address, and social security account number
of the individual;
26 CFR 31.3121(k)-1 Waiver of exemption from
taxes.
(b) An organization filing a certificate containing social
security account number, if any,
26 CFR 31.3402(o)-3 Extension of withholding to
sick pay.
Example 3. (iv) The social security number of the payee must
be furnished to the payor. The agreement may provide that the
employer will furnish this or the payee may furnish his social security
number directly to the payor.
26 CFR 35.3405-1 Questions and answers
relating to withholding on
pensions, annuities, and
certain other deferred income.
e-3. Q. What information must the plan administrator provide to the
payor in order to transfer his liability for withholding? the plan
administrator is expected to provide the payor with the following
minimum information: (1) The name, address, and social security
number of the payee and
United States Code of Federal Regulations
Code Title Purpose
26 CFR 35a.9999-1 Questions and answers
concerning the due diligence
requirement and the
certification requirements in
connection with backup
withholding and other related
issues.
The following questions and answers principally concern the due
diligence exception to the penalty for failure to provide the payee s
correct taxpayer identification number
Q-23. Is a payor required to send mailings to a payee with respect to an
account established under the Uniform Gift to Minors Act? A-23. Yes.
The law requires that the social security number of the minor be
provided to the payor with respect to accounts established under the
Uniform Gift to Minors Act. If the minor does not have a social security
number, the minor may obtain one by filing a Form SS-5 with a Social
Security Administration Office.
Q-26. If a payee does not provide a taxpayer identification number to
the payor what action is a payor required to take? A-26. Starting
January 1, 1984, the payor is required to commence backup
withholding with respect to reportable payments to payees who have
not provided a taxpayer identification number to the payor. If an
individual payee does not have a social security number, he may
obtain one by filing Form SS-5 with a Social Security Administration
Office.
Q-28. Is a payor required to impose backup withholding with respect to
a reportable interest or dividend payment made on or after January 1,
1984, if the taxpayer identification number furnished by the payee does
not contain the proper number of digits? A-28. Yes. A payor shall treat
the payee as having failed to furnish a taxpayer identification number if
the number provided does not contain the proper number of digits. The
proper number of digits is nine for both the social security number
and the employer identification number.
Q-30. Is a payor required to impose backup withholding on a pension or
annuity distribution made on or after January 1, 1984, if the payee has
not provided his taxpayer identification number to the payor? A-30. If
pension withholding if the payor has no social security number for
the payee (or the social security number provided is obviously
incorrect), the payor shall not impose backup withholding until the first
payment made after June 30, 1984. By that date, the payee will have
been able to obtain a social security number and provide it to the
payor, in which case no amounts will be withheld.
Appendix Recently, you purchased [identify security acquired].
Because of the existence of one or more of the following conditions,
payments of interest, dividends, and other reportable amounts that are
made to you will be subject to backup withholding of tax at a 20 percent
rate: [specify the condition or conditions applicable] (1) You failed to
provide a taxpayer identification number, or failed to provide such
number under penalties of perjury, in connection with the purchase of
the acquired security. (An individual s taxpayer identification number is
his social security number.)
26 CFR 35a.9999-3 Questions and answers
concerning backup
withholding.
The preceding sentence applies only with respect to a payor who
receives such two or more notices under the same payor employer
identification number (or social security number).
26 CFR 601.503 Requirements of power of
attorney, signatures,
fiduciaries and
Commissioner s authority to
substitute other requirements.
A power of attorney must contain (2) identification number of the
taxpayer (i.e., social security number and/or employer identification
number);
26 CFR 7.6041-1 Return of information as to
payments of winnings from
bingo, keno, and slot
machines.
Each Form W-2G shall contain (2) Name, address, and social
security number of the winner; (3) General description of two types of
identification (e.g., driver s license , social security card , or voter
registration card ) furnished to the maker of the payment for verification
of the winner s name, address, and social security number;
Policy Manual
Table 24 Title 27 Alcohol, Tobacco Products and Firearms
Code Title Purpose
27 CFR 53.22 Employer identification
number.
[Manufacturers Excise Taxes firearms and Ammunition] (3) Onetime
or occasional filers. may use their social security number on
any return, statement or other document submitted to ATF
27 CFR 178.124 Firearms transaction record. (2) In order to facilitate the trans
fer of a firearm and enable NICS to
verify the identity of the person acquiring the firearm, ATF Form 4473
also requests certain optional information. This information includes the
transferee s social security number and alien registration number (if
applicable).
Table 25 Title 28 Judicial Administration
Code Title Purpose
28 CFR 16.53 Use and collection of social
security numbers.
(a) That individuals may not be denied any right, benefit, or privilege as
a result of refusing to provide their social security numbers, unless the
collection is authorized either by a statute or by a regulation issued
prior to 1975; and
28 CFR 513.31 Limitations. (a) Social Security Numbers. As of September 27, 1975
, Social
Security Numbers may not be used in their entirety as a method of
identification for any Bureau record system, unless such use is
authorized by statute or by regulation adopted prior to January 1, 1975.
28 CFR 700.25 Use and collection of social
security numbers.
(b) The Office shall take such measures as are necessary to ensure
that employees authorized to collect information from individuals are
advised that individuals may not be required to furnish Social Security
numbers without statutory or regulatory authorization and that
individuals who are requested to provide Social Security numbers
voluntarily must be advised that furnishing the number is not required
and that no penalty or denial of benefits will flow from the refusal to
provide it.
Table 26 Title 29 Labor
Code Title Purpose
29 CFR 4.6 Labor standards clauses for
Federal service contracts
exceeding $2,500.
(g)(1) The contractor and each subcontractor shall make and
maintain records containing (i) Name and address and social
security number of each employee.
29 CFR 5.5 Contract provisions and
related matters.
(3) Payrolls and basic records. for all laborers and mechanics
working at the site of the work (or under the United States Housing Act
of 1937, or under the Housing Act of 1949, in the construction or
development of the project). Such records shall contain the name,
address, and social security number of each such worker, his or her
29 CFR 70a.10 Solicitation of social security
numbers.
(a) Neither the Department nor its component units shall deny to any
individual any right, benefit or privilege provided by law because of
such individual s refusal to disclose his social security number.
29 CFR 71.2 Requests for access to
records.
(1) Any requester making a request in writing must state in his
request his full name, and current address. may also include in his
request his social security number.
29 CFR 71.12 Use and collection of social
security numbers.
(a) Each component unit that requests an individual to disclose his
social security account number shall provide the individual, in
writing, with the following information: (1) The statute, regulation,
Executive Order or other authority under which the number is solicited;
(b) Neither the Department nor any of its component units shall, in
the absence of specific federal statutory authority, deny to an individual
any right, benefit or privilege provided by law solely because of such
individual s refusal to disclose his social security account number.
United States Code of Federal Regulations
Code Title Purpose
29 CFR 102.169 Definitions. (c) Individual refers to a taxpayer identified by a
social security
number (SSN).
29 CFR 102.170 Agency referral to IRS for tax
referral effect; Agency
responsibilities.
(a) As authorized and required by law, the Agency may refer past-due
legally enforceable debts to the Internal Revenue Service Such
referrals shall include the following information: (2) The name and
taxpayer identification number (SSN or EIN) of the debtor who is
responsible for the debt;
29 CFR 220.25 List of protected employees. each covered air carrier shall provid
e the Secretary with a list of all
protected employees who were employed by it on October 24, 1978.
(2) social security number (if available); and
29 CFR 220.27 Notice of rights. a covered air carrier which furloughs or termina
tes a protected
employee during the eligibility period shall include (2) social
security number (if available);
29 CFR 220.28 Air carrier actions to be
reported to the Secretary.
(a) A covered air carrier shall report to the Secretary: (1) The names
and social security numbers (if available) of all designated
employees hired
29 CFR 500.80 Payroll records required. (a) Each farm labor contractor, agricult
ural employer and agricultural
association which employs any migrant or seasonal agricultural worker
shall make and keep the following records with respect to each worker
including the name, permanent address, and Social Security number:
29 CFR 552.110 Recordkeeping requirements. (a) The general recordkeeping regulat
ions are found in part 516 of this
chapter and they require that every employer having covered domestic
service employees shall keep records which show for each such
employee: (1) Name in full, (2) social security number
29 CFR 1910.120 Hazardous waste operations
and emergency response.
The record required in paragraph (f)(8)(i) of this section shall include
at least the following information: (A) The name and social security
number of the employee;
29 CFR 1915.1001 Asbestos. This section regulates asbestos exposure in all shipy
ard
employment work as defined in 29 CFR part 1915 [Medical
surveillance] record shall include at least the following information:
(F) Name, social security number, and exposure of the employees
29 CFR 1990.151 Model standard pursuant to
section 6(b) of the Act.
(q) Recordkeeping (D) Name, social security number and job
classification of the employees monitored
29 CFR 2705.2 Definitions. For the purpose of these regulations (c) The term rec
ord means any
item that contains his or her name, or the identifying number,
symbol, or other identifying particular assigned to the individual, such
as social security number.
Table 27 Title 30 Mineral Resources
Code Title Purpose
30 CFR 210.10 Information collection. (16) MMS-4280 form is used to claim a rewa
rd for information
leading to the recovery of payments from oil and gas leases on
Federal land Claimants must provide name, address, social
security number
30 CFR 250.1516 What information must a training
organization submit to MMS?
(e) A copy of the training certificate that includes the following: (2)
Candidate s social security number
30 CFR 250.1517 What additional requirements
must a training organization
follow?
(l) When each course ends The class roster must contain the
(9) The trainee s social security number
30 CFR 778.13 Identification of interests. An application must contain the follo
wing information, except that
the submission of a social security number is voluntary
30 CFR 90.300 Respirable dust control plan;
filing requirements.
(b) Each respirable dust control plan shall include (2) The name
and social security number of the part 90 miner
Policy Manual
Code Title Purpose
30 CFR 90.210 Respirable dust samples; report
to operator.
(a) The Secretary shall provide the operator with a report (7) The
social security number of the part 90 miner.
30 CFR 250.1516 What information must a training
organization submit to MMS?
(e) A copy of the training certificate that includes (2) Candidate s
social security number
Table 28 Title 31 Money and Finance
Code Title Purpose
31 CFR 1.32 Use and disclosure of social
security numbers.
(a) In general. An individual shall not be denied any right, benefit, or
privilege provided by law by a component because of such individual s
refusal to disclose his social security number.
31 CFR 1.35 Information forms. (5) To insure that any form requesting disclosure
of a social
security number, clearly advises the individual (b) Form of
request for notification and access or request for an accounting of
disclosures. (iv) Such request shall contain if a particular system
employs an individual s social security number the request must
include the individual s social security number Procedures for
[IRS] records. Such request shall contain the name and address of
the individual making the request. In addition, if a particular system
employs an individual s social security number as an essential
means must include the individual s social security number.
31 CFR 103.28 Identification required. a financial institution shall verify and
record the name and address
of the individual presenting a transaction, as well as record the identity,
account number, and the social security or taxpayer identification
number, if any
31 CFR 103.29 Purchases of bank checks
and drafts, cashier s checks,
money orders and traveler s
checks.
(a) No financial institution may issue or sell a check for $3,000 or
more unless it maintains records of the following (2) If the
purchaser does not have a deposit account with the financial institution:
(i)(A) The name and address of the purchaser; (B) The social security
number of the purchaser, or if the purchaser is an alien and does not
have a social security number, the alien identification number;
31 CFR 103.33 Records to be made and
retained by financial
institutions.
the originator s bank shall obtain and retain a record of the name
and address, the type of identification reviewed, the number of the
identification document (e.g., driver s license), as well as a record of the
person s taxpayer identification number (e.g., social security or
employer identification number) or, if none, alien identification number
or passport number and country of issuance, or a notation in the record
of the lack thereof.
31 CFR 103.34 Additional records to be made
and retained by banks.
(a)(1) With respect to each certificate of deposit sold or redeemed after
May 31, 1978, or each deposit or share account opened with a bank
after June 30, 1972, a bank shall secure and maintain a record of
the taxpayer identification number (3) A taxpayer identification
number required (i) Agencies and instrumentalities of Federal, state,
local or foreign governments; (ii) judges, public officials, or clerks of
courts of record as custodians of funds in controversy or under the
control of the court; (iii) aliens (4) The rules and regulations issued
by the Internal Revenue Service under section 6109 of the Internal
Revenue Code of 1954 shall determine what constitutes a taxpayer
identification number and whose number shall be obtained in the case
of an account maintained by one or more persons.
31 CFR 103.35 Additional records to be made
and retained by brokers or
dealers in securities.
(a)(1) With respect to each brokerage account opened with a broker or
dealer in securities In the event that a broker or dealer has been
unable to secure the identification [social security number] required
within the 30-day period specified, it shall nevertheless not be deemed
to be in violation of this section if: (i) It has made a reasonable effort to
secure such identification
United States Code of Federal Regulations
Code Title Purpose
31 CFR 103.36 Additional records to be made
and retained by casinos.
(a) With respect to each deposit of funds, account opened or line of
credit a casino shall secure and maintain a record of the name,
permanent address, and social security number of the person
involved. In the event that a casino has been unable to secure the
required social security number, it shall not be deemed to be in
violation of this section if (1) it has made a reasonable effort to secure
such number and (2) it maintains a list containing the names and
permanent addresses of those persons (4) A record of each
extension of credit in excess of $2,500, the terms and conditions of
such extension of credit, The record shall include the customer s
name, permanent address, social security number If the customer
or person for whom the credit extended is a non-resident alien, his
passport number or description of some other government document
used to verify his identity shall be obtained and recorded;
31 CFR 103.37 Additional records to be made
and retained by currency
dealers or exchangers.
each currency dealer or exchanger shall secure and maintain a
record of the taxpayer identification number of each person
nevertheless not be deemed to be in violation of this section if: (i) It has
made a reasonable effort to secure such identification, and (ii) It
maintains a list containing the names, addresses,
31 CFR 103.38 Nature of records and
retention period.
(c) The rules and regulations issued by the Internal Revenue Service
under 26 U.S.C. 6109 determine what constitutes a taxpayer
identification number and whose number shall be obtained in the case
of an account maintained by one or more persons.
31 CFR 103.54 Special rules for casinos. Each casino shall develop and implement
(v) Procedures for
using all available information to determine: (A) When required by this
part, the name, address, social security number, and other
information, and verification of the same, of a person;
31 CFR 215.10 Change of legal residence by
members of the Armed
Forces.
(b) Heads of agencies shall notify the State of prior legal residence
of the member of the Armed Forces involved on a monthly basis
concerning the change of the member s legal residence. The
notification shall include the name, social security number, current
mailing address
31 CFR 285.1 Collection of past-due support
by administrative offset.
FMS for collection by administrative offset. A match will occur when
the taxpayer identifying number and name control of a payment record
are the same as the taxpayer identifying number and name control of a
debt record. The taxpayer identifying number for an individual is the
individual s social security number.
31 CFR 285.7 Salary offset. Debt information includes the amount and type of deb
t and the
debtor s name, address, and taxpayer identifying number.
31 CFR 285.11 Administrative wage
garnishment.
This section provides procedures for Federal agencies to collect
money from a debtor s disposable pay (2) The withholding order
sent to the employer under paragraph (g)(1) of this section shall be in a
form prescribed by the Secretary of the Treasury The order shall
contain only the information necessary for the employer to comply with
the withholding order. Such information includes the debtor s name,
address, and social security number, as well as
31 CFR 315.2 Definitions. (o) Taxpayer identifying number means a social securit
y account
number or an employer identification number.
31 CFR 315.5 General rules. Savings bonds are issued only in registered form. Re
gistrations
must include the taxpayer identifying number of the owner
31 CFR 315.39 Surrender for payment. bonds of Series A to E, inclusive the prese
nter must record his or
her social security number on the face of the security
31 CFR 316.2 Description of bonds. Series E bonds (1) Inscribed on the face of e
ach bond the name,
social security number and address of the owner
31 CFR 321.1 Definitions. (q) Taxpayer identifying number means a social securit
y account
number or an employer identification number.
31 CFR 332.2 Description of bonds. . Series H bonds bear (1) The name, social sec
urity account
number and address of the owner
Policy Manual
Code Title Purpose
31 CFR 332.6 Purchase of bonds. (b) Application for purchase and remittance. (1)
The applicant for
purchase of Series H Bonds furnished. (ii) The appropriate social
security or employer identification number;
31 CFR 353.2 Definitions. (k) Taxpayer identifying number means a social securit
y account
number or an employer identification number.
31 CFR 353.5 General rules. Registrations must include the taxpayer identifying
number of the
owner
31 CFR 501.806 Procedures for unblocking
funds believed to have been
blocked due to mistaken
identity.
inclusion of a social security number is voluntary but will facilitate
resolution of the request.
Table 29 Title 32 National Defense
Code Title Purpose
32 CFR 63.6 Procedures. (a) Eligibility of former spouse. to receive direct payme
nt from the
retired pay (b) A former spouse shall deliver a signed statement
that includes: should give the member's full name, social security
number, and Uniformed Service. (v) The full name, address, and
social security number of the former spouse.
32 CFR 113.6 Procedures. (a) The following procedures apply to the processing of
debt complaints
against members of the Military Services. (iv) Involuntary allotment
applications must contain (A) The full name, social security
number, and
32 CFR 114.5 Procedures. (f) RCCPDS data validity shall be ensured The following
shall be
critical data social security number
32 CFR 114.6 Information requirements. The reporting requirements for this part
are assigned the following
Report Control Symbols (RCS): 3. social security number (SSN)
32 CFR 220.9 Rights and obligations of
beneficiaries.
(d) Mandatory disclosure of Social Security account numbers. Pursuant
to 10 U.S.C. 1095(k)(2), every covered beneficiary eligible for care in
facilities of the Uniformed Services is, as a condition of eligibility,
required to disclose to authorized personnel his or her Social Security
account number.
32 CFR 231.5 Responsibilities. Appendix A 2. This includes credit information and
proper
identification, which may include social security number, as a
precondition for the cashing of checks. 3. Financial institutions may
incorporate the following conditions of disclosure : I hereby authorize
the Department of Defense and its various Components to verify my
social security number or other identifier and
32 CFR 270.19 Reports to Congress. Social security number: Providing a social se
curity number is
voluntary. If one is not provided, the application for payment will still be
processed.
32 CFR 298.4 Procedures for release of DIS
records.
(2) The request must contain the first name, middle name or initial,
surname, date and place of birth, social security number, and,
United States Code of Federal Regulations
Code Title Purpose
32 CFR 310.20 General considerations. (b) Collecting social security numbers (SS
Ns). (1) It is unlawful for
any federal, state, or local governmental agency to deny an individual
any right, benefit, or privilege provided by law because the individual
refuses to provide his or her SSN. However, if a federal statute requires
that the SSN (4) Executive Order 9397, Numbering System For
Federal Accounts Relating to Individual Persons, November 30, 1943,
authorizes solicitation and use of SSNs as numerical identifier for
individuals in most Federal records systems. However, it does not
provide mandatory authority for soliciting SSNs. (5) Upon entrance into
military service or civilian employment with the Department of Defense,
individuals are asked to provide their SSNs. The SSN becomes the
service or employment number for the individual and is used to
establish personnel, financial, medical, and other official records.
Provide the notification in paragraph (b)(2) of this section to the
individual when originally soliciting his or her SSN. After an individual
has provided his or her SSN for the purpose of establishing a record,
the notification in paragraph (b)(2) is not required
32 CFR 310.41 Nonconsensual disclosures. Records pertaining to an individual may
be disclosed without the
consent may be disclosed to a consumer reporting agency: (i)
Name, address, taxpayer identification number (SSN), and
32 CFR 310.42 Disclosures to commercial
enterprises.
(2) Commercial enterprises may present a signed consent statement
I hereby authorize the Department of Defense to verify my social
security number or other identifying information and
32 CFR 311.5 Procedures. (6) Individuals shall not be denied access to their rec
ords for
refusing to disclose their Social Security Numbers (SSNs), unless
32 CFR 316.6 Procedures and responsibilities. (ii) The System Manager may releas
e records to the individual's
representative the System Manager may require whatever
identifying information is needed to locate the record; i.e., name, social
security number, date of birth. An individual will not be denied
access to his record for refusing to disclose his social security
number unless disclosure is required by statute or by regulation
adopted before 1 January 1975.
32 CFR 317.20 General considerations. (b) Soliciting the social security number.
(1) It is unlawful for any
Federal, State, or local government agency to deny an individual a
right, benefit, or privilege provided by law because the individual
refuses to provide the social security number (SSN). However, this
prohibition does not apply
32 CFR 317.61 Non-consensual disclosures. (l) Disclosures to consumer reporting
agencies. (1) Certain
information may be disclosed to consumer reporting agencies as
defined by 31 U.S.C. 952d. (i) Name, address, taxpayer
identification number (SSN), and other information necessary to
establish the identity of the individual.
32 CFR 317.62 Disclosures to commercial
enterprises.
(2) Commercial enterprises may present a concise statement signed
by the individual indicating : I hereby authorize the Defense Contract
Audit Agency to verify my social security number or
32 CFR 317.72 System of records notices. (3) If the system has not been exempted
, the notice must provide
sufficient information to enable an individual to request notification of
whether a record in the system pertains to him or her. Merely referring
to the agency's procedural rules is not sufficient. (ii) Any specific
information the individual must provide in order for the agency to
respond to the request (e.g., name, SSN, date of birth, etc.); and
32 CFR 317.73 New and altered record systems. (5) A change in the manner in whic
h records are organized or in the
method by which records are retrieved requires changing the
Retrievability caption in the system notice. (ii) Retrieving by SSNs
records that previously were retrieved only by names would be an
alteration if the present notice failed to indicate retrieval by SSNs.
32 CFR 318.4 Procedures for requests
pertaining to individual records in
a record system.
(a) An individual seeking notification of whether a system of records,
maintained by the Defense Threat Reduction Agency, contains a
record pertaining will provide in writing his or her full name, address,
social security number, and a telephone number
Policy Manual
Code Title Purpose
32 CFR 322.3 Procedures for requests
concerning individual records in
a system of records.
Such request shall contain the full name, present address, date of
birth, social security number and dates of affiliation or contact with
32 CFR 323.5 Procedures. (5) It is unlawful for any Federal, state, or local gov
ernment agency
to deny an individual any right, benefit, or privilege provided by law
because the individual refuses to provide his or her social security
number (SSN).
32 CFR 505.2 Individual rights of access and
amendment.
Nor can an individual be denied access solely because he/she
refused to provide his/her social security number unless the social
security number was required for access by statute or regulation
adopted prior to January 1, 1975
32 CFR 505.3 Disclosure of personal
information to other agencies
and third parties.
(12) To a consumer reporting agency the name, address, SSN,
other information identifying
32 CFR 505.4 Record-keeping requirements
under the Privacy Act.
(c) social security number (SSN). Executive Order 9397
authorizes the Department of the Army to use the SSN as a system of
identifying Army members and employees. Once a military member or
civilian employee of the Department of the Army has disclosed his/her
SSN for purposes of establishing personnel, financial, or medical
records upon entry into Army service or employment, the SSN
becomes his/her identification number. No other use of this number is
authorized. Therefore, whether the SSN alone is requested from the
individual, or the SSN together with other personal information, the
Privacy Act Statement must make clear that disclosure of the number is
voluntary. If the individual refuses to disclose his/her SSN, the Army
activity must be prepared to identify the individual by alternate means.
32 CFR 513.1 General. (i) Locator service. All requests must include the soldier
's full
name, rank, and social security number (SSN). They should include
the date and place of birth if the SSN is not known.
32 CFR 513.4 Conditions creditors must meet
before getting help in debt
processing.
(5) Creditors who have followed these terms may contact the
soldier s commander must include (i) The soldier s full name, rank,
and SSN. (ii) Date and place of birth, if SSN is not known.
32 CFR 516.23 Litigation reports. (e) Potential witness information. List each p
erson having
information relevant to the case and provide an office address and
telephone number. If there is no objection, provide the individual's
social security account number, home address, and telephone
number.
32 CFR 527.17 Heads of check-cashing
facilities.
heads of check-cashing facilities will-- (c) Prominently display the
sign cited below at each check-cashing point: Notice to check cashers:
disclosure of social security number (SSN) and Other personal
information is solicited by authority of section 3012 and 8012, title 10,
united states code, and is mandatory if you wish to cash a check.
32 CFR 527.22 Sponsor responsibility. (a) Sponsors may be held liable for acts o
f family members when a
family member uses their dependent ID card and their sponsor's SSN
for check cashing.
32 CFR 527.32 Installation check control officer. (a) On receipt of notice from
the check-cashing facility that a file will
contain, as a minimum, (1) Name and SSN.
32 CFR 575.1 Military Academy. (a) Organization and administration (1) President
ial: Children of
career military Applications should include the name, grade, social
security number/service number (2) Children of Deceased and
Disabled Veterans: application should social security number/
service number
United States Code of Federal Regulations
Code Title Purpose
32 CFR 575.3 Appointments; sources of
nominations.
Admission to the Military Academy (1) Presidential: Children of
career military personnel in the Armed Forces Applications should
include the name, grade, social security number/service number, and
branch of service of the parent as a member of such regular
component, and the full name, address, and date of birth of the
applicant (complete military address and social security number, if in
the Armed Forces). (2) Children of Deceased and Disabled
Veterans: and the name, grade, social security number/service
number, and last organization of the veteran parent,
32 CFR 584.8 Garnishment. (b) The USAFAC will process most garnishment orders. t
he
name and social security number (SSN) of the soldier must be
included.
32 CFR 584.9 Involuntary allotments. (ii) A court or agent of the court that has
authority to issue an order
against the soldier for the support and maintenance of a child. (3) Such
notice must give the soldier's full name and SSN.
32 CFR 630.10 Special category absentees. (b) Queries the NCIC missing person, i
nterstate identification, and
unidentified person files for a possible match using the absentee's
identifying information (social security number,
32 CFR 630.15 Verification of deserter status. (a) When a person claims to be a
deserter receiving military
authority and provide as much of the following data as possible to
the provost marshal: (1) Name. (2) social security number.
32 CFR 630.19 Deserters and defectors in
foreign countries.
Notification should be completed in advance for coordination of
operational military police actions. The notice includes the--(1) Name,
grade, and social security number of the absentee.
32 CFR 630.24 Action on return to military
control.
(a) The military authority first receiving or apprehending the absentee
or deserter (1) Name, grade, and social security number of the
absentee.
32 CFR 630.29 Documentation. (a) Payment of reward or reimbursement for expenses
supporting
documents: (1) Name, social security number, and last duty station
32 CFR 630.32 Responsibilities. Sample Military Detainer I, (name of civilian re
presentative) an
official agent representing (name and address of civilian jurisdiction),
accept custody and control of (grade, name, social security number),
a U.S. Soldier,
32 CFR 701.108 Collecting information about
individuals.
(c) Soliciting the social security number (SSN). (1) It is unlawful for
any Federal, State, or local government agency to deny an individual a
right, benefit, or privilege provided by law because the individual
refuses to provide his or her SSN. however, it does not make it
mandatory for individuals to provide their SSNs.
32 CFR 719.144 Application for relief under 10
U.S.C. 869, in cases which have
been finally reviewed.
 (d) Contents of applications. All applications for relief shall contain:
(1) Full name of the applicant; (2) social security number and branch
of service, if any;
32 CFR 719.155 Application under 10 U.S.C.
874(b) for the substitution of an
administrative form of discharge
for a punitive discharge or
dismissal.
All applications shall contain: (1) Full name of the applicant; (2)
social security number, service number (if different), and
32 CFR 725.7 Contents of a proper request or
demand.
including the current military service, status (active, separated,
retired), social security number, if known,
32 CFR 727.8 Confidential and privileged
character of service provided.
no information which identifies an individual legal assistance client
by name or any other particular, such as social security number, shall
be extracted from the case files
32 CFR 728.21 Navy and Marine Corps
reservists.
(f) The letter of authorization will include name, grade or rate,
social security number, and organization of the reservist;
32 CFR 728.25 Army and Air Force National
Guard personnel.
(a) Medical and dental care. Upon presentation of a letter of
authorization, will include name, social security number, grade,
and
Policy Manual
Code Title Purpose
32 CFR 728.4 Policies. (i) Initial. Include in the initial report: (A) Officer's
name, grade,
social security number, and designator.
32 CFR 728.77 Secretarial designees. (5) Abused depdendents must include: (i) Fu
ll name, social
security number, grade or rate, branch or (ii) Full names, social
security numbers (if assigned), and relationship to the former member
of any dependent
32 CFR 732.18 Notification of illness or injury. (1) If able, members must notif
y or cause their parent command, the
nearest naval activity (i) Name, grade or rate, and social security
number of patient.
32 CFR 750.3 Investigations: The report. (2) A Privacy Act statement for each pe
rson who was asked to
furnish personal information shall be provided. Social Security numbers
of military personnel and civilian employees of the U.S. Government
should be included in the report but should be obtained from available
records, not from the individual.
32 CFR 806b.8 When to give Privacy Act
statements (PAS).
(2) Whenever you ask someone for his or her social security
number (SSN).
32 CFR 806b.9 Requesting the Social Security
Number (SSN).
(a) Do not deny people a legal right, benefit, or privilege for refusing to
give their SSNs unless (c) Executive Order 9397, November 22,
1943, authorizes using the SSN as a personal identifier. This order is
not adequate authority to collect an SSN to create a record. When law
does not require disclosing the SSN or when the system of records was
created after January 1, 1975, you may ask for the SSN, but the
individual does not have to disclose it. If the individual refuses to
respond, use alternative means of identifying records.
32 CFR 818.15 Garnishment. (b) Process directed for garnishment must also show t
he
member's social security number and whether the member is active
duty,
32 CFR 818.16 Statutory allotments. (2) The service member's full name and socia
l security number.
32 CFR 818.20 Garnishment of pay of Air Force
members and employees only
for child support or alimony
obligations.
The process must also show the social security number and
whether the member is retired,
32 CFR 818.21 Statutory allotments. (2) The service member's full name and socia
l security number.
32 CFR 865.3 Application procedures. the applicant is a member or former member
of the Air Force, since
the request is personal to the applicant and relates to his or her military
records. (2) The member's social security number or Air Force
service number.
32 CFR 884.12 Procedures for return of an Air
Force member to the United
States.
(1) Fully identify the member sought. Requesting agencies shall
provide the members' name, grade, social security number (SSN),
and unit
32 CFR 884.7 Delivery to Federal authorities. A warrant for the arrest of (name,
grade, and social security
number), hereinafter referred to as the member, who is charged with
32 CFR 884.8 Requests by authorities of the
state in which the member
requested is located.
in the following form: In consideration of the delivery at (location) of
(name, grade, and social security number), hereinafter referred to as
the member,
32 CFR 1290.9 Forms and reports. Appendix A - Preparation Guide for DD Form 1805
, Violation Notice
All violations will require: Last four digits of the social security
number of the Issuing guard/police officer
32 CFR 1615.4 Duty of persons required to
register.
A person required by selective service law to register has the duty. (a)
To complete the Registration Card prescribed by the Director of
Selective Service and to record thereon his name, date of birth, sex,
social security account number (SSAN), current mailing address,
permanent residence, telephone number, date signed, and signature;
and
32 CFR 1615.6 Selective service number. Every registrant shall be given a select
ive service number. The social
security account number will not be used for this purpose.
United States Code of Federal Regulations
Table 30 Title 33 Navigation and Navigable Waters
Code Title Purpose
33 CFR 207.800 Collection of navigation
statistics.
(F) Harbor Maintenance Tax information (1) The name of the
shipper and the shipper s social security number
33 CFR 165.504 Newport News Shipbuilding
and Dry Dock Company
Shipyard, James River,
Newport News, Va.
(A) The owner of the vessel has previously provided the Captain of
the Port, Hampton Roads, Virginia, information about the vessel,
including: (4) The name, social security number
33 CFR 187.101 Information to identify a
vessel owner.
A participating State must collect the following information regarding
the ownership of vessels numbered or titled under the laws of that
State: (d) If the owner is an individual, the owner s social security
number, or, if that number is not available
33 CFR 54.05 Form and contents of notice. (a) The notice required to institute a
n allotment Provide the full
name, social security number
Table 31 Title 34 Education
Code Title Purpose
34 CFR 30.23 How must a debtor request an
opportunity to inspect and
copy records relating to a
debt?
(a) If a debtor wants to inspect and copy including the debtor s
social security number and
34 CFR 30.24 What opportunity does the
debtor receive to obtain a
review of the existence or
amount of a debt?
(a) If a debtor wants a review request including the debtor s
social security number
34 CFR 30.27 When does the Secretary
enter into a repayment
agreement rather than offset?
(a) If a debtor wants an opportunity to enter into a written agreement
including the debtor s social security number
34 CFR 303.401 Definitions of consent, native
language, and personally
identifiable information.
(c) Personally identifiable means that information includes such
as the child s or parent s social security number; or
34 CFR 31.4 Request to inspect and copy
documents relating to a debt.
(a) The Secretary makes available for inspection including the
employee s social security number
34 CFR 31.5 Request for hearing on the
debt or the proposed offset.
The Secretary provides a hearing before A request for a hearing
must contain including the employee s social security number
34 CFR 370.48 What are the special
requirements pertaining to the
protection, use, and release of
personal information?
shall disclose to the Secretary social security number
34 CFR 381.31 What are the requirements
pertaining to the protection,
use, and release of personal
information?
if the Secretary so requests, the identity of social security
number
34 CFR 668 Appendix
C to Part 668
Appendix I
Standards for Audit of
Governmental Organizations,
Programs, Activities, and
Functions (GAO)
Qualifications of Independent
Auditors Engaged by
Governmental Organizations
(2) Explain the borrower s rights and responsibilities in the Stafford
Loan and SLS programs including (i) The borrower s responsibility to
inform his or her lender immediately of any change of name, address,
telephone number, or social security number;
34 CFR 668.17 Default reduction and
prevention measures.
(B) Within 15 working days of receiving the notification from an
institution subject to loss of participation in the FFEL or Direct Loan
programs (1) The guaranty agency shall identify in social security
number order all loans
Policy Manual
Code Title Purpose
34 CFR 668.19 Financial aid transcript. (c) An institution must disclose on a fi
nancial aid transcript for a
student (1) The student s name and social security number
34 CFR 668.32 Student eligibility general. A student is eligible to receive titl
e IV, HEA program assistance if the
student (h) Files a Statement of Educational Purpose in
accordance with the instructions of the Secretary, or in the case of a
loan made under the FFEL Program, with the lender; (i) Has a correct
social security number as determined under Sec. 668.36
34 CFR 668.36 Social Security Number. the Secretary attempts to confirm the soci
al security number a
student provides on the Free Application for Federal Student Aid
(FAFSA) under a data match with the Social Security Administration.
34 CFR 668.59 Consequences of a change in
application information.
(a) For the Federal Pell Grant Program (e) If the applicant has
received funds based on information which may be incorrect and the
institution has made a reasonable effort to resolve the alleged
discrepancy, but cannot do so, the institution shall forward the
applicant s name, social security number, and other relevant
information to the Secretary.
34 CFR 674.41 Due diligence general
requirements.
(a) General. Each institution shall exercise due diligence shall
ensure that information available in its offices The current name,
address, telephone number and social security number of the
borrower.
34 CFR 674.42 Contact with the borrower. An institution shall conduct an exit in
terview shall explain the
borrower s rights and responsibilities under the loan, including the
following: any change of name, address, telephone number, or
social security number.
34 CFR 674.48 Use of contractors to perform
billing and collection or other
program activities.
(c) If an institution uses a billing service any changes to the
borrower s social security number; and
34 CFR 674.50 Assignment of defaulted loans
to the United States.
(e) The Secretary does not accept assignment of a loan if (1) The
institution has not provided the social security number of the
borrower;
34 CFR 682.201 Eligible borrowers. (b) Parent borrower. (1) A parent borrower, i
s eligible to receive a
PLUS Program loan, other than a loan made under Sec. 682.209(e), if
the parent (ii) Provides his or her and the student s social security
number;
34 CFR 682.207 Due diligence in disbursing a
loan.
A disbursement made by electronic funds transfer must be
accompanied by a list of the names, social security numbers, and
34 CFR 682.401 Basic program agreement. (23) Guaranty agency transfer of informa
tion. shall provide (A)
The name and social security number of the student; and
34 CFR 682.604 Processing the borrower s
loan proceeds and counseling
borrowers.
(2) In conducting the exit counseling, the school shall (vi)
Require the borrower to provide corrections to the institution s records
concerning name, address, social security number
34 CFR 685.200 Borrower eligibility. (b) Parent borrower is eligible to receive
a Direct PLUS Loan if
the parent provides his or her and the student s social security
number.
34 CFR 685.304 Counseling borrowers. (b) Exit counseling. (1) A school shall con
duct in-person exit
counseling with each Direct Subsidized or Direct Unsubsidized Loan
borrower (2) In conducting the exit counseling, the school shall
(vii) Require the borrower to provide social security number
34 CFR 690.79 Recovery of overpayments. Secretary recover the overpayment by (2)
Providing the Secretary
with the student s name, social security number, amount of
overpayment
34 CFR 99.3 What definitions apply to
these regulations?
Personally identifiable information includes, but is not limited to:
(d) A personal identifier, such as the student s social security number
or student number;
United States Code of Federal Regulations
Table 32 Title 36 Parks, Forests, and Public Property
Code Title Purpose
36 CFR 1121.2 Definitions. (c) The term record means any item including such as
social
security number.
36 CFR 1202.10 Collection and use. (c) Solicitation of social security number. (
1) Before a NARA
employee or NARA contractor requires an individual to disclose his or
her social security number, NARA will ensure that either: (i) The
disclosure is required by Federal law; or (ii) The disclosure was
required under a Federal law or regulation adopted before January 1,
1975, to verify the identity of an individual, and the social security
number will become a part of a system of records in existence and
operating before January 1, 1975.
36 CFR 1228.154 Transfers to the National
Personnel Records Center
(NPRC).
General Records The OPF and the EMF must be labeled in the
upper right corner and social security number only. Each
document must contain the former employee s current name and name
under which formerly employed, if different; date of birth; social
security number
Table 33 Title 38 Pensions, Bonuses, and Veterans' Relief
Code Title Purpose
38 CFR 1.460 Definitions. The term patient identifying information means the name,
address,
social security number,
38 CFR 1.575 social security numbers in
veterans benefits matters.
(a) Except as provided in paragraph (b) no one will be denied any
right, benefit, or privilege provided by law because of refusal to disclose
a social security number. (b) VA shall require mandatory
disclosure of a claimant s or beneficiary s social security number
(including the social security number of a dependent of a claimant or
beneficiary) on necessary forms as prescribed by the Secretary as a
condition precedent to receipt or continuation of receipt of
compensation or pension payable under the provisions of chapters 11,
13 and 15 of title 38, United States Code, provided, however, that a
claimant shall not be required to furnish VA with a social security
number for any person to whom a social security number has not
been assigned.
38 CFR 1.922 Disclosure of debt information
to consumer reporting
agencies (CRA).
(a) The Department of Veterans Affairs may disclose social
security number, and date of birth, to consumer reporting agencies
38 CFR 14.640 Purpose. VA will grant authorized claimants representatives read-on
ly
(c)(1) Access will be authorized (i) Beneficiary identification data
such as name, social security number
38 CFR 17.903 Payment. (3) Claims for health care provided shall contain, as app
ropriate,
(D) social security number.
38 CFR 17.902 Preauthorization. (a) Preauthorization The application shall conta
in the following:
(2) Child s social security number, (4) Veteran s social security
number
38 CFR 21.8014 Application. (a) Filing an application. To participate in a vocat
ional training program,
the child (2) Provide the child s full name and the Vietnam
veteran s full name and social security number or VA claim number, if
any; and
38 CFR 3.204 Evidence of dependents and
age.
VA will accept, for the purpose of determining entitlement to benefits
a claimant must provide the social security number of any
dependent
38 CFR 3.216 Mandatory disclosure of
social security number.
However, no one shall be required to furnish a social security
number for any person to whom none has been assigned.
Policy Manual
Code Title Purpose
38 CFR 3.256 Eligibility reporting
requirements.
(3) The Secretary shall require an eligibility verification report from
individuals receiving parents dependency and indemnity compensation
under the following circumstances: (i) If the Social Security
Administration has not verified the beneficiary s social security
number and, if the beneficiary is married, his or her spouse s social
security number.
38 CFR 3.277 Eligibility reporting
requirements.
(a) Evidence of entitlement. (2) The Secretary shall require an
eligibility verification report under the following circumstances: (i) If the
Social Security Administration has not verified the beneficiary s social
security number and, if the beneficiary is married, his or her spouse s
social security number;
38 CFR 3.500 General. (2) Subversive activities. (w) Failure to furnish social s
ecurity
number. Last day of the month during which the 60 day period
following the date of VA request expires.
38 CFR 36.4317 Notice of intention to
foreclose.
(c) The notice required A good faith effort will include, but is not
limited to: (2) A search of the holder s automated and physical loan
record systems to identify sufficient information (e.g., social security
number) to perform a routine trace inquiry through a major consumer
credit bureau;
38 CFR 36.4280 Reporting of defaults. The holder of any guaranteed loan shall gi
ve notice A good faith
effort will include: (2) A search of the holder s automated and
physical loan record systems to identify sufficient information (e.g.,
social security number) to perform a routine trace inquiry through a
major consumer credit bureau;
38 CFR 46.3 Malpractice payment
reporting.
(a) VA will file a report with the National Practitioner Data Bank (1)
With respect to the physician, dentist or other licensed health care
practitioner for whose benefit the payment is made (iv) social
security number, if known, and if obtained in accordance with section
7 of the Privacy Act of 1974
38 CFR 46.4 Clinical privileges actions
reporting.
(a) VA will file an original and one copy of an adverse action report with
the State Licensing Board in the State (b) The report will provide
the following information (iv) social security number, if known
(and if obtained in accordance with section 7 of the Privacy Act of
1974),
Table 34 Title 39 Postal Service
Code Title Purpose
39 CFR 262.5 Systems (Privacy). (a) Privacy Act system of records. A Postal Serv
ice system containing
information about individuals, including mailing lists, from which
information is retrieved by the name of an individual or by some
identifying number or symbol assigned to the individual, such as a
social security account number.
39 CFR 266.4 Collection and disclosure of
information about individuals.
(4) The Postal Service will not require individuals to furnish their
social security account number or deny a right, privilege or benefit
because of an individual s refusal to furnish the number unless it must
be provided by Federal law.
39 CFR 491.3 Sufficient legal form. No document purporting to garnish employee w
ages shall be deemed
sufficient unless it contains the name of the garnished party, with his
or her social security number
39 CFR 491.4 Identification of employees. Garnishment of an employee whose name
and social security
number are similar to but not identical with the name and social
security number on the garnishment will not be processed.
39 CFR 966.4 Petition for a hearing and
supplement to petition.
(a) A former [postal] employee who is alleged to be responsible for a
debt to the Postal Service may petition (c) The petition must include
the following: (2) The former employee s name and social security
number;
United States Code of Federal Regulations
Table 35 Title 40 Protection of Environment
Code Title Purpose
40 CFR 82.166 Reporting and recordkeeping
requirements.
Acceptable forms of identification include but are not limited to
drivers' licenses numbers, social security numbers, and passport
numbers.
40 CFR 763.121 Regulatory requirements. (2) Exposure measurements. (i)(A) The em
ployer shall keep an
accurate record of all measurements This record shall include at
least the following information: (F) Name, social security number,
and exposure of the employees (3) Medical surveillance. (i) The
employer shall establish and maintain an accurate record for each
employee subject to medical shall include (A) The name and
social security number of the employee.
40 CFR 1516.2 Definitions. (c) The term record means any item such as a social s
ecurity
number;
Table 36 Title 41 Public Contracts and Property Management
Code Title Purpose
41 CFR 105-64.101-1 Collection and use. (c) Soliciting a social security number.
Before requesting a person
to disclose his or her social security number, ensure either: (1) The
disclosure is required by Federal statute, or; (2) Disclosure is required
under a statute or regulation adopted before January 1, 1975, to verify
the person s identity, and that it was part of a system of records in
existence before January 1, 1975.
41 CFR 301-71.302 What data must we capture in
our travel advance accounting
system?
You must capture the following data: (a) The name and social security
number of each employee who has an advance;
41 CFR 50-204.33 Disclosure to former
employee of individual
employee s record.
(a) At the request of a former employee an employer shall furnish to the
employee a report of the employee s exposure to radiation (b) The
former employee s request should include appropriate identifying data,
such as social security number and dates and locations of
employment.
41 CFR 50-204.36 Radiation standards for
mining.
(d)(1) At the request of an employee (or former employee) a report
of the employee s exposure to radiation (2) The former employee s
request should include appropriate identifying data, such as social
security number and dates and locations of employment.
41 CFR 60-4.3 Equal opportunity clauses. c. employer identification number means t
he Federal social
security number used on the Employer s Quarterly Federal Tax
Return, U.S. Treasury Department Form 941. 14. The Contractor
shall designate a responsible official to monitor all employment related
activity keep records. Records shall at least include for each
employee the name, address, telephone numbers, construction trade,
union affiliation if any, employee identification number when assigned,
social security number
41 CFR 60-3.15 Documentation of impact and
validity evidence.
but should not include names and social security numbers. Records
should be maintained which show the ratings given to each sample
member by each rater.
Policy Manual
Table 37 Title 42 Public Health
Code Title Purpose
42 CFR 2.11 Definitions. Patient identifying information means the name, address
, social
security number, fingerprints
42 CFR 21.75 Procedures. (a) Service of notice. (1) An authorized person shall s
erve on the
designated official of the Department a signed notice including: (i) Full
name of the officer; (ii) social security number of the officer;
42 CFR 37.60 Submitting required chest
roentgenograms and miner
identification documents.
(a) Each chest roentgenogram required to be made (e) If a miner
refuses to participate in all phases of the examination prescribed in this
subpart, no report need be made. If a miner refuses to participate in
any phase of the examination prescribed in this subpart, all the forms
shall be submitted with his or her name and social security account
number on each. If any of the forms cannot be completed because of
the miner s refusal, it shall be marked Miner Refuses, and shall be
submitted. No submission shall be made, however, without a
completed miner identification document containing the miner s name,
address, social security number and place of employment.
42 CFR 412.105 Special treatment: Hospitals
that incur indirect costs for
graduate medical education
programs.
(2) To include a resident in the full-time equivalent count (ii) The
name and social security number of each resident.
42 CFR 413.86 Direct graduate medical
education payments.
(i) To include a resident in the FTE count (1) The name and
social security number of the resident.
42 CFR 433.37 Reporting provider payments
to Internal Revenue Service.
(a) Basis and purpose. This section, based on section 1902(a)(4) of the
Act, prescribes requirements concerning (b) Identification of
providers. A State plan must provide for the identification of providers
by (1) social security number if
42 CFR 433.138 Identifying liable third parties. Health insurance information ma
y include the social security
number (SSN) of the policy holder
42 CFR 435.406 Citizenship and alienage. (c) The agency must provide payment for
the services described in
Sec. 440.255(c) of this chapter to residents of the State who otherwise
meet the eligibility requirements of the State plan (except for the
presentation of a social security number)
42 CFR 435.910 Use of social security
number.
(a) The agency must require, as a condition of eligibility, that each
individual (including children) requesting Medicaid services furnish
each of his or her social security numbers (SSNs). (b) The agency
must advise the applicant of (2) The statute or other authority
under which the agency is requesting the applicant s SSN; and (e) If
an applicant has not been issued a SSN the agency must (1)
Assist the applicant in completing an application for an SSN;
42 CFR 435.920 Verification of SSNs. (a) In redetermining eligibility, the agenc
y must review case records to
determine whether they contain the recipient s SSN or, in the case of
families, each family member s SSN.
42 CFR 436.406 Citizenship and alienage. (c) The agency must provide payment for
the services to
residents of the State who otherwise meet the eligibility requirements of
the State plan (except for the presentation of a social security
number)
42 CFR 486.304 General requirements. (a) Designation a condition for payment. Pa
yment may be made
under the Medicare and Medicaid programs for organ procurement
Donor records must include information identifying the donor (for
example, name, address, date of birth, social security number)
42 CFR 57.206 Eligibility and selection of
health professions student
loan applicants.
for consideration for a health professions student loan (i)
Applicant s name and social security number;
42 CFR 57.306 Eligibility and selection of
nursing student loan
applicants.
for consideration for a nursing student loan (i) Applicant s name
and social security number;
42 CFR 60.51 The student loan application. (b) Verify social security number.
United States Code of Federal Regulations
Code Title Purpose
42 CFR 60.53 Notification to lender or holder
of change in enrollment
status.
Each school must notify the holder of a HEAL loan [change in] the
student s social security number
42 CFR 60.56 Records. (a) In addition each school must maintain an accurate reco
rd
contain if obtained by the school, to verify citizenship status and
social security number
Table 38 Title 43 Public Lands: Interior
Code Title Purpose
43 CFR 3809.1-9 Financial guarantees. (d) The certification submitted by the ope
rator, mining claimant, or its
authorized agent, for any operations conducted under a notice, shall
include: (1) The name, home address, office and home telephone
numbers, and social security number or employer identification
number of the operator, mining claimant, or authorized agent;
Table 39 Title 44 Emergency Management and Assistance
Code Title Purpose
44 CFR 11.53 Securing debtor addresses
from the Department of
Treasury.
(b) Taxpayer identity information (which includes IRS current
address and social security number) shall be released to consumer
reporting agencies
44 CFR 333.5 Responsibilities. (b) The Department of Defense may advise civilian
employers of
Ready Reservists of their employees Ready Reserve status, including
name, social security number
44 CFR 6.3 Collection and use of
information (Privacy Act
statements).
(c) Solicitation of social security numbers. Before an employee of
FEMA can deny to any individual a right, benefit, or privilege provided
by law because such individual refuses to disclose his/her social
security account number, the employee of FEMA shall ensure that
either: (1) The disclosure is required by Federal statute; or (2) The
disclosure of a social security number was required under a statute
or regulation adopted before January 1, 1975, to verify the identity of an
individual, and the social security number will become a part of a
system of records in existence and operating before January 1, 1975.

Table 40 Title 45 Public Welfare

Code Title Purpose
45 CFR 1177.9 Use of credit reporting
agencies.
(b) Debts may be reported to consumer or commercial reporting
agencies. The Endowment may disclose only an individual s name,
address, social security number, and the nature, amount, status and
history of the debt and the program under which the claim arose.
45 CFR 1224.1-7 Use of social security
account number in records
systems.
[Reserved]
45 CFR 1385.9 Grants administration
requirements.
. No personal identifying information such as name, address, and
social security number will be obtained.
45 CFR 1800.2 Definitions. (c) The term record means any item such as social sec
urity
number;
Policy Manual
Code Title Purpose
45 CFR 205.42 Case review and
management requirements.
(v) Payment errors which result when a recipient (A) Does not
have a social security number, but has filed an application (as
defined by the Social Security Administration) for a number within 30
calendar days after the date of application for assistance, or (B) Does
not furnish a social security number upon receipt but has furnished a
social security number through the Enumeration at Birth (EAB)
project by the next redetermination of eligibility or within six months
after the receipt of the social security number, whichever occurs
earlier; and
45 CFR 205.51 Income and eligibility
verification requirements.
(c) Wage information maintained by a SWICA which (1) Contain
the social security number
45 CFR 205.52 Furnishing of social security
numbers.
The State plan under title I, IV-A, X, XIV, or CVI (AABD) of the Social
Security Act must provide that: (a) As a condition of eligibility, each
applicant (1) To furnish to the State or local agency a social
security account number
45 CFR 205.57 Maintenance of a machine
readable file; requests for
income and eligibility
information.
(a) The State agency will maintain a file which contains verified
social security number
45 CFR 205.60 Reports and maintenance of
records.
(a) The State agency will maintain or supervise the maintenance of
records The records will include the individual s social security
number
45 CFR 250.80 Uniform data collection
requirements.
(a) A State IV-A agency must provide to the Department a sample
(2) Each record of the sample must contain an identifier that is not the
social security number
45 CFR 250.82 Required case record data. (a) The State IV-A agency must maintain
an individual case record for
each JOBS participant. (1) Case identifier other than social
security number, but the State must maintain in its files a link between
the identifier and the SSN;
45 CFR 30.16 Use of credit reporting
agencies.
The Secretary will report overdue debts over $100 The Secretary
may disclose only the individual s name, address and social security
number
45 CFR 30.20 Taxpayer information. (a) The Secretary shall enter into reimbursab
le agreements with the
Internal Revenue Service An applicant for a loan under an included
Federal loan program administered by the Department must furnish his
or her taxpayer identification number, which, for an individual, means
the social security number.
45 CFR 303.71 Requests for full collection
services by the Secretary of
the Treasury.
 (e) Criteria for acceptable requests. The IV-D agency shall ensure
that each request contains: (ii) The individual s social security
number;
45 CFR 303.102 Collection of overdue support
by State income tax refund
offset.
The State agency responsible for processing the State tax refund
offset must notify the State IV-D agency of the absent parent s home
address and social security number or numbers.
45 CFR 303.30 Securing medical support
information.
(1) AFDC case number, title IV-E foster care case number, Medicaid
number or the individual s social security number; (3) social
security number of absent parent; (4) Name and social security
number of child(ren);
45 CFR 303.30 Securing medical support
information.
(1) AFDC case number, title IV-E foster care case number, Medicaid
number or the individual s social security number; (3) social
security number of absent parent; (4) Name and social security
number of child(ren);
45 CFR 303.70 Requests by the State Parent
Locator Service (SPLS) for
information from the Federal
Parent Locator Service
(FPLS).
(2) The absent parent s social security number (SSN). If the SSN
is unknown, the IV-D agency must make every reasonable effort to
ascertain the individual s SSN before submitting the request to the
Federal PLS;
45 CFR 303.72 Requests for collection of
past-due support by Federal
tax refund offset.
(5) Before submittal, the State IV-D agency has verified the accuracy
of the name and social security number of the absent parent
United States Code of Federal Regulations
Code Title Purpose
45 CFR 5.42 Fees to be charged general
provisions.
(g) This subpart does not apply to requests for Social Security
program records on social security number holders
45 CFR 60.7 Reporting medical
malpractice payments.
(1) With respect to the physician, dentist or other health care
practitioner for whose benefit the payment is made (iv) social
security number, if known, and if obtained in accordance with section
7 of the Privacy Act of 1974,
45 CFR 60.8 Reporting licensure actions
taken by Boards of Medical
Examiners.
(4) The physician s or dentist s social security number, if known,
and if obtained in accordance with section 7 of the Privacy Act of 1974,
45 CFR 60.9 Reporting adverse actions on
clinical privileges.
The health care entity must report the physician or dentist: (iv)
social security number, if known, and if obtained in accordance with
section 7 of the Privacy Act of 1974,
45 CFR Appendix A to
Part 801
Forms of Application Voting Rights Act Application The disclosure of social secur
ity
number and telephone number is voluntary. Failure to state either or
both numbers will NOT result in your application being deficient.
Table 41 Title 46 Shipping
Code Title Purpose
46 CFR 10.110 Fee payment procedures. Fee payment by check or money order must h
ave the applicant s
(payor s) social security number included thereon.
46 CFR 10.201 Eligibility for licenses and
certificates of registry,
general.
(4) An applicant may request an NDR file check for personal use
Form NDR-PRV or provide the following information on a notarized
letter: (F) social security number;
46 CFR 12.02-17 Rules for the preparation and
issuance of documents.
(c) When a seaman applies for a merchant mariner s document, he
must: (d) A seaman s social security number is placed on his
document and is his official identification number for record purposes.
46 CFR 12.02-18 Fees. Fee payment must be made by check or money order with the
applicant s (payor s) social security number included thereon.
46 CFR 12.02-4 Basis for denial of documents. (i) Applicants should request Form
NDR-PRV or provide the
following information on a notarized letter: (F) social security
number;
46 CFR 12.02-4 Basis for denial of documents. (i) Applicants should request Form
NDR-PRV or provide the
following information on a notarized letter: (F) social security
number;
46 CFR 12.02-17 Rules for the preparation and
issuance of documents.
(d) A seaman s social security number is placed on his document
and is his official identification number for record purposes.
46 CFR 12.02-18 Fees. Fee payment must be made by check or money order with the
applicant s (payor s) social security number included thereon.
46 CFR 197.570 Recordkeeping. (a) Record of personal exposure monitoring. (1) Th
e employer shall
maintain an accurate record of all monitoring conducted in compliances
with Sec. 197.540 for three years. (2) The record must include (iv)
The name, social security number, and job classification of each
person monitored The employer shall maintain an accurate medical
record for each employee subjected to medical surveillance (i) The
name and social security number
46 CFR 28.80 Report of casualty. (c) Each report of casualty must include the fo
llowing information:
(11) The name, birth date, social security number
46 CFR 327.4 Claim requirements. (b) Contents. Each claim shall include the (vi)
Merchant mariner
license or document number and social security number.
Policy Manual
Table 42 Title 47 Telecommunication
Code Title Purpose
47 CFR 0.554 Procedures for requests
pertaining to individual
records in a system of
records.
Note: An individual s refusal to disclose his social security number
shall not constitute cause in and of itself, for denial of a request.
47 CFR 64.1100 Verification of orders for long
distance service generated by
telemarketing.
No IXC shall submit to a LEC a primary interexchange carrier (PIC)
unless and until the order has first been confirmed that confirms and
includes appropriate verification data (e.g., the customer s date of birth
or social security number); or
47 CFR 76.12 Registration statement
required.
(a) The legal name of the operator, entity identification or social
security number, and
Table 43 Title 48 Federal Acquisition Regulations System
Code Title Purpose
48 CFR 1552.224-70 social security numbers of
consultants and certain sole
proprietors and Privacy Act
statement.
Section 6109 of title 26 of the U.S. Code authorizes collection by
EPA of the social security numbers of such individuals for the
purpose of filing IRS Form 1099. (b) If the offeror or quoter is an
individual, consultant, or sole proprietor and has no employer
identification number, insert the offeror s or quoter s social security
number on the following line.
48 CFR 1652.224-70 Confidentiality of records. the following clause shall be ins
erted in all FEHBP contracts: (a)
The Carrier shall use the personal data that is provided by agencies
including social security numbers Release of information for
medical research or educational purposes shall be limited to
aggregated information of a statistical nature that does not identify any
individual by name, social security number, or any other identifier
unique to an individual.
48 CFR 1852.235-72 Instructions for responding to
NASA Research
Announcements.
Omit social security number and other personal items which do
not merit consideration in evaluation of the proposal.
48 CFR 22.406-9 Withholding from or
suspension of contract
payments.
The contracting officer shall include a listing of the name, social
security number
48 CFR 2452.237-75 Clearance of personnel. (c) Temporary identification/building
passes shall be issued The
Contractor shall submit to the GTR a list of those employee(s) with their
social security number(s).
48 CFR 2452.237-75 Clearance of personnel. (c) Temporary identification/building
passes shall be issued The
Contractor shall submit to the GTR a list of those employee(s) with their
social security number(s).
48 CFR 52.222-27 Affirmative Action Compliance
Requirements for
Construction.
Employer identification number, as used in this clause, means the
Federal social security number used on the employer s quarterly
Federaltax return, U.S. Treasury Department Form 941.
48 CFR 52.222-4 Contract Work Hours and
Safety Standards Act
Overtime Compensation.
The Contractor or subcontractor shall maintain payrolls and basic
payroll records Such records shall contain social security
number
48 CFR 52.222-8 Payrolls and Basic Records. Such records shall contain the name,
address, and social security
number of each such worker
48 CFR 52.222-41 Service Contract Act of 1965,
as Amended.
The Contractor and each subcontractor performing work subject to
the Act shall make a record of (A) Name and address and social
security number;
United States Code of Federal Regulations
Table 44 Title 49 Transportation
Code Title Purpose
49 CFR 10.29 social security numbers. (a) No individual is denied any right, ben
efit, or privilege provided by
law because of such individual s refusal to disclose his social security
account number. (b) The provisions of paragraph (a) of this section do
not apply to: (1) Any disclosure which is required by Federal statute; or
(2) The disclosure of a social security number when such disclosure
was required under statute or regulation adopted prior to January 1,
1975, to verify the identity of an individual.
49 CFR 225.25 Recordkeeping. (b) The alternative railroad-designed record shall
contain, at a
minimum, the (6) social security number of railroad employee;
49 CFR Appendix C to
Part 240
Procedures for Obtaining and
Evaluating Motor Vehicle
Driving Record Data
The National Driver Register may be supplemented by data
concerning the person s height, weight, color of eyes, and social
security account number, if a State collects such data.
49 CFR 383.153 Information on the document
and application.
(d) Except in the case of a Nonresident CDL: (1) A driver applicant
must provide his/her social security number on the application of a
CDL; and (2) The State must provide the social security number to
the CDLIS.
49 CFR 391.21 Application for employment. a person shall not drive a commercial
motor vehicle unless
completed an application for employment that must contain the
following information: (2) The applicant s name, address, date of
birth, and social security number;
49 CFR 391.63 Multiple-employer drivers. (b) Before a motor carrier permits a mu
ltiple-employer driver to drive
a commercial motor vehicle, the motor carrier must obtain his/her
name, his/her social security number
49 CFR 40.23 Preparation for testing. (ii) Employers and other participants in t
he DOT drug testing
program (other than the social security number or other employee
ID number) may not be provided to the laboratory.
49 CFR 89.29 Disclosure to commercial
credit bureaus and consumer
reporting agencies.
(b) The information that may be disclosed is the debtor s name,
address, social security number or taxpayer identification number
Table 45 Title 50 Wildlife and Fisheries
Code Title Purpose
50 CFR 630.4 Permits and fees. An application for a dealer permit must (ii) Busi
ness name
employer identification number, if one has been assigned (iv) Name,
telephone number, social security number
50 CFR 640.4 Permits and fees. (2) An applicant must provide (iii) Name, mailing
address
including zip code, telephone number, social security number
50 CFR 649.5 Operator permits. (d) Information requirements. An applicant must p
rovide at least all
the following information and any other information required by the
Regional Director: Name, mailing address, and telephone number; date
of birth; hair color; eye color; height; weight; social security number
(optional) and signature of the applicant.
50 CFR 678.4 Permits and fees. An application for a vessel permit must be (iii)
Name, mailing
address including ZIP code, telephone number, and social security
number
Policy Manual
152
Court Cases

This section provides references to several United States Circuit Court and Unit
ed States
Supreme Court cases brought with regard to the social security number. We decide
d against
publishing copies of these case because it would add little value for the increa
sed cost.
Complete copies of these cases are available from several InterNet source for no
charge. The
Comments column provides just enough information to help you understand the cont
ent of
the case.
Case Comments
Yeager v. Hackensack
Water Co.,
615 F. Supp. 1087, 1090-92
(D.N.J. 1985);
Case based on constitutional and Privacy Act objections to a New Jersey
independent water company requirement for SSN.
The defendants [Hackensack Water Co.] are directed to comply with the
disclosure requirements of the Privacy Act in their attempt to collect social
security numbers. Defendants are constrained in their use of the numbers
already collected until retroactive compliance is achieved.
Steward Machine v. Davis
1937)
Social Security Act is constitutional.
Flemming v. Nester (1960) No vested rights to benefits under the Social Security S
ystem.
United States v. Lee (1983) Amish employer & social security taxes.
Callahan v. Woods (1984) Wins religious objection to requirement that a minor mu
st obtain a social
security number to receive federal benefits.
Valldejuli v. SSA & IRS
(Unpublished 1994)
Lost his argument that he was fraudulently induced into signing a
contract with the Social Security Administration, and that he is not
subject to the Social Security system.
Hatter v. United States
(1996)
Sixteen federal judges challenged the withholding of Social Security
taxes from their judicial salaries as a violation of the Compensation
Clause of the United States Constitution, Article III, section 1.
United States v. Bongiorno
(1997)
Challenged his conviction on the ground that the Child Support Recovery
Act is an unconstitutional exercise of Congress' authority under the
Commerce Clause.
Peister v. State Department
of Social Services (1993)
Resignation from social security and return of social security card.
Greidinger v. Davis,
782 F. Supp. 1106, 1108-09
(E.D. Va. 1992)
Objection to requirement to divulge a SSN as a condition to vote.
Privacy Act violated where state did not provide timely notice in
accordance with Section 7(b) when collecting social security number for
voter registration, rev'd & remanded on other grounds, 988 F.2d 1344
(4th Cir. 1993);
Brookens v. United States,
627 F.2d 494, 496-99 (D.C.
Cir. 1980)
Agency did not violate Privacy Act because agency maintained system of
records before January 1, 1975 and disclosure of a social security
number to identify individuals was required under [executive order]
Policy Manual
Case Comments
McElrath v. Califano, Because disclosure of social security number required by A
id to Families
615 F.2d 434, 440 (7th Cir. with Dependent Children program under 42 U.S.C. 602(
a)(25) (1988),
1980) regulations that give effect to that requirement are not violative of Priv
acy
Act
Krebs v. Rutgers,
797 F. Supp. 1246, 1256
(D.N.J. 1992)
Although state-chartered, Rutgers is not state agency or government-
controlled corporation subject to Privacy Act Students successfully sued
Rutgers and Rutgers' president for dissemination of class rosters with
student social security number's to faculty and students.
Libertarian Party v. Bremer Requirement that voter include social security numbe
r on signature
Ehrler, petition violates Privacy Act
Etc., No. 91-231, slip op. at
17-18 (E.D. Ky. Sept. 30,
1991)
Ingerman v. IRS,
No. 89-5396, slip op. at 3-5
(D.N.J. Apr. 3, 1991)
Section 7(b) not applicable to IRS request that tax payers affix printed
mailing label containing social security number on tax returns; no new
disclosure occurs because IRS already was in possession of taxpayers'
social security numbers, aff'd, 953 F.2d 1380 (3d Cir. 1992) (table cite)
Oakes v. IRS,
No. 86-2804, slip op. at 2-3
(D.D.C. Apr. 16, 1987)
Section 7(b) does not require agency requesting individual to disclose his
social security number to publish any notice in Federal Register
Doyle v. Wilson,
529 F. Supp. 1343, 1348-50
(D. Del. 1982)
Section 7(b)'s requirements are not fulfilled when no affirmative effort is
made to disclose information required under 7(b) at or before the time
the number is requested
Doe v. Sharp,
491 F. Supp. 346, 347-50
(D. Mass. 1980)
Section 7(b) creates affirmative duty for agencies to inform applicant of
uses to be made of social security numbers-- after-the-fact explanations
not sufficient)
Chambers v. Klein, Section 7(b) not violated where agency failed to notify appli
cants of use to
419 F. Supp. 569, 580 be made of social security numbers as state had not begun
using them
(D.N.J. 1976) pending full implementation of statute requiring their disclosure)
, aff'd,
564 F.2d 89 (3d Cir. 1977) (table cite)....
Court Cases
Case Comments
Weber V Leaseway
Dedicated
Plaintiff Don M. Weber appeals the district court's grant of summary
judgment in favor of Defendant Leaseway Dedicated Logistics, Inc.
(hereafter Leaseway ) under Fed. R. Civ. P. 56. Also before the court is
Plaintiff's motion to proceed on appeal in forma pauperis. In his
complaint, Plaintiff asserted that Defendant discriminated against him
because of his religious beliefs in violation of Title VII of the Civil Rights
Act of 1964, 42 U.S.C. § 2000e et seq., when Defendant refused to hire
Plaintiff unless he provided Defendant with his social security number.
Our jurisdiction arises under 28 U.S.C. § 1291. We review the district
court's grant of summary judgment de novo, using the same standard
applied by the district court. Aramburu v. The Boeing Co., 112 F.3d 1398,
1402 (10th Cir. 1997). We grant Plaintiff's motion to proceed in forma
pauperis, and affirm the district court.
Plaintiff refuses to obtain or use a social security number because he
claims it represents the mark of the beast as described in the Book of
Revelations in the Bible. In April 1996, Plaintiff applied for a position as a
truck driver with Defendant. On the application for employment Plaintiff
refused to provide a social security number. Defendant did not hire
Plaintiff and informed him that he would not be hired without a social
security number.
... Therefore, we reject Plaintiff's argument. For these reasons:
Roy Dittman v. State of
California
Plaintiff, Roy Dittman, appeals from the district court's grant of summary
judgment in favor of defendants the State of California Acupuncture
Committee (Committee) and Marilyn Nielsen, whom Plaintiff sued in her
individual capacity and in her official capacity as Executive Officer of the
Committee. Plaintiff alleged that Defendants' refusal to renew his license
to practice acupuncture unless he first disclosed his social security
number, as required by California law, violated both his right to due
process under the Fourteenth Amendment and S 7(a)(1) of the Privacy
Act (uncodified), 5 U.S.C.A. S 552a (note), Pub. L. No. 93-579, 88 Stat.
1896, et seq. We affirm.
Policy Manual
Case Comments
Miller v Reed
U.S. 9th Circuit Court of
Appeals
Miller lost this appeal against the California Department of Motor
Vehicles:
The California Department of Motor Vehicles ( DMV ) rejected Donald S.
Miller's application for renewal of his driver's license because he refused
to divulge his social security number. Miller's refusal was based on
religious grounds. As part of his long-standing and deeply held religious
convictions, Miller believes that to reveal his social security number would
be tantamount to a sin. Without a valid driver's license from his home
state of California, Miller cannot legally drive anywhere in the United
States.
Sutton v Providence
U.S. 9th Circuit Court of
Appeals
Defendant, the Providence St. Joseph Medical Center, refused to hire
plaintiff Kenneth E. Sutton, Jr., after he failed to provide a social security
number as required by federal law. Plaintiff brought this action alleging
that Defendant thereby violated Title VII of the 1964 Civil Rights Act, as
amended (Title VII), 42 U.S.C. S 2000e et seq.; the Religious Freedom
Restoration Act (RFRA), 42 U.S.C. S 2000bb et seq.; the free speech
guarantee of the First Amendment; the Privacy Act, 5 U.S.C. S 552a; and
the Paperwork Reduction Act, 44 U.S.C. S 3512. Plaintiff also brought
various state claims. The district court dismissed the federal claims
pursuant to Federal Rule of Civil Procedure 12(b)(6) and, thereafter,
refused to exercise supplemental jurisdiction over the state claims. For
the reasons that follow, we affirm.
Some Examples

This section provides three case examples against using a social security number
: two
wins, one loss.
EEOC v. Information Systems Consulting
Plaintiff's Response to Defendant s Motion to Dismiss
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION, )
Plaintiff, ) CIVIL ACTION
)
V. ) NO.CA3-92-0169-T
)
INFORMATION SYSTEMS CONSULTING )
A DIVISION OF DIVERSIFIED HUMAN )
RESOURCES GROUP, )
Defendant. )
PLAINTIFF'S RESPONSE TO DEFENDENT'S MOTION TO DISMISS
The Plaintiff, Equal Employment Opportunity Commission (hereinafter the
Commission or EEOC ), files this response to Defendant's Motion to Dismiss and Brief
filed in support thereof. The EEOC alleged in its Complaint that defendant's fai
lure to
accommodate Bruce Hanson s religious beliefs violated Title VII of the Civil Right
s Act of
1964. In its motion, the defendant contends that the Commission's complaint shou
ld be
dismissed because the Commission failed to allege specific and detailed facts co
ncerning Mr.
Hanson's bona fide religious belief that prohibits him from obtaining a social s
ecurity
number. Further, the defendant contends that the Internal Revenue Service requir
es that an
employee obtain a social security number and therefore Mr. Hanson's religious be
lief does
not conflict with an employment requirement of the defendant. Finally, the defen
dant asserts
that it could not accommodate Mr. Hanson's belief because it would be subject to
penalties
under the Internal Revenue Code and the Immigration Reform and Control Act of 19
86.
Policy Manual
The Commission states that it is unnecessary under the Federal Rules of Civil Pr
ocedure
to state detailed and specific facts regarding its claim of religious discrimina
tion on behalf of
Mr. Hanson in the Commission's complaint. Fed. R. Civ. P. S. Mr. Hanson has a bo
na fide
religious conviction which prohibits him from obtaining a social security number
. Further,
the defendant has admitted that it knew of Mr. Hanson's belief but made the deci
sion to
terminate Mr. Hanson solely because he refused to obtain a social security numbe
r. Finally,
as explained more fully below, the defendant could have accommodated Mr. Hanson'
s
religious conviction without suffering undue hardship. For these reasons the Com
mission
requests that the Defendant's Motion to Dismiss be denied.
I. FACTUAL AND PROCEDURAL BACKGROUND
On August 16, 1989, Mr. Bruce Hanson filed a charge of discrimination with the E
EOC
against the defendant, Information Systems Consulting. In his charge of discrimi
nation, Mr.
Hanson alleged that he had been discharged from his employment because he did no
t have a
social security number. Mr. Hanson alleged that he had been discriminated agains
t because of
his religion, Christian Fundamentalist, in violation of Title VII. (Copy of the
Charge of
Discrimination is attached as Exhibit 4). Mr. Hanson holds a sincere religious c
onviction that
a social security number is the mark of the beast as set forth in the Holy Bible,
Book of
Revelations, and to obtain a social security number would be in direct contradic
tion to the
teachings of the Bible. (Affidavit of Bruce Hanson, attached as Exhibit 1).
In its statement of position provided to the EEOC, the defendant confirmed that
Mr.
Hanson had been discharged from his employment on August 14, 1989, because he fai
led to
provide the defendant with a social security number. (A copy of the statement of
position is
attached as Exhibit 5). The statement of position included an affidavit signed b
y Mr. Tim
Fitzpatrick. Mr. Fitzpatrick stated that he interviewed Mr. Hanson for a positio
n of computer
programmer on June 26, 1989.
At the interview Mr. Hanson advised the defendant that he did not have a social
security
number for religious reasons. According to Mr. Fitzpatrick a decision was made t
o hire Mr.
Hanson. However, on August 14, 1989, the defendant's accounting department indic
ated it
had a problem with Mr. Hanson's exemption from providing a social security numbe
r. on
August 15, 1989, Mr. Fitzpatrick advised Mr. Hanson that unless he provided a so
cial
security number to the defendant his employment would be terminated. Mr. Hanson
confirmed that he would not obtain a social security number and he was discharge
d by Mr.
Fitzpatrick. In its position statement the defendant claimed that it would be su
bjected to
penalties by the IRS if it did not provide the IRS with a social security number
for Mr.
Hanson.
The Commission investigated the charge of discrimination and issued its determin
ation on
May 2, 1990 In its letter of determination the Commission found reasonable cause
to believe
that the defendant violated Title VII by discharging Mr. Hanson because he would
not obtain
a social security number. The Commission determined that the defendant failed to
accommodate Mr. Hanson's religious belief against obtaining a social security nu
mber.
Specifically, the Commission determined that the applicable IRS' rules and regul
ation
provided that an employer need only request a social security number from an emp
loyee and
Some Examples
sign an affidavit that the request had been made. Further IRS regulations provid
e for a waiver
of penalties for reasonable cause. A copy of the letter of determination is atta
ched as Exhibit
6.
II. THE COMMISSIONS COMPLAINT IS SUFFICIENT UNDER RULE 8 OF
THE FEDERAL RULES OF CIVIL PROCEDURE
The defendant argues that the Commission's complaint should be dismissed because
the
Commission has failed to plead detailed facts to establish a claim of religious
discrimination.
The law is well established that a claimant is not required to set forth specifi
c facts to support
general allegations of discrimination. Conley v. Gibson, 355 U.S. 41, 47 (1957).
Rule 8 of the
Federal Rules of Civil Procedure requires only that the complaint contain a short
and plain
statement of the claim that will give the defendant fair notice of the plaintiff
's claim and the
ground upon which it rests. Id. at 47. The Federal Rules of Civil Procedure allow
such
notice pleading because of the liberal opportunity for discovery and other pretria
l
procedures designed to define more narrowly the disputed issues and facts. Id. a
t 48. Further,
a court may dismiss a claim pursuant to Rule 12(b)(6) only if it establishes beyo
nd doubt
that the Plaintiff can prove no set of facts which would entitle him to relief. I
d. at 46.
The Commission has pled facts sufficient to give the defendant notice of the cla
im of
religious discrimination under Title VII.-Paragraphs seven (7) and eight (8) of
the complaint
put the defendant on notice that Plaintiff alleged that the defendant violated T
itle VII by
discharging Mr. Hanson and refusing to accommodate his religious belief. If the
defendant is
unclear about the specific facts surrounding the discharge for religious beliefs
more
information could be obtained through using the discovery process or filing a mo
tion for a
more definite statement pursuant to Rule 12(e) of the Federal Rules of Civil Pro
cedure.
However, as is clear from the argument contained in the Defendant's motion and t
he fact that
the defendant was involved in the administrative process with the EEOC prior to
the filing of
the litigation, the defendant is well aware of the facts surrounding the Commiss
ion's claim of
religious discrimination. The Commission's complaint is sufficient to give the d
efendant
notice of the claim and therefore Defendant's Motion to Dismiss should be denied
.
III. THE COMMISSION CAN ESTABLISH THAT DEFENDANT VIOLATED
TITLE VII BY DISCHARGING MR. HANSON BECAUSE OF HIS RELIGIOUS
BELIEF.
In order to establish a claim of religious discrimination in employment, the Com
mission
must show that 1) Mr. Hanson had a bona fide religious belief that conflicts wit
h an
employment requirement; 2) Mr. Hanson informed the employer of this belief; 3) M
r.
Hanson was discharged for his failure to comply with the conflicting employment
requirement. Once the Commission establishes the prima facie case, the burden sh
ifts to the
employer to show that it was unable to reasonably accommodate the employees' rel
igious
belief without undue hardship. Turpen v. Missouri-Kansas-Texas R. Co., 736 F.2d
1022 (5th
Cir. 1984).
Policy Manual
A. Mr. Hanson has a bona fide religious belief that Prohibits him from obtaining
a social
security number and he advised the defendant of his belief.
As the Commission established during its investigative process, Mr. Hanson has a
sincere
religious conviction that a social security number represents the mark of the bea
st as set
forth in the Book of Revelations of the Bible. Mr. Hanson believes that to obtai
n a social
security number would be in direct contradiction to the teachings of the Bible.
(Affidavit of
Bruce Hanson attached as Exhibit 1). Also attached to this memorandum is the aff
idavit of
Scott Brasher, who also attests to Mr. Hanson's religious belief. (Affidavit of
Scott Brasher
attached as Exhibit 2).
The defendant has admitted in its statement of position to the Commission that M
r.
Hanson was told by Mr. Fitzpatrick that in order to remain employed he had to ob
tain a social
security number. (Defendant's statement of position to the EEOC, including affid
avit of Mr.
Fitzpatrick, attached as Exhibit 5).
When Mr. Hanson indicated that he would refuse to comply with this requirement h
e was
discharged by the defendant. There is also no dispute that Mr. Hanson notified t
he defendant
of his religious conviction against obtaining a social security number. Mr. Fitz
patrick stated
in his affidavit that Mr. Hanson discussed his religious conviction at the initi
al employment
interview.
B. Mr. Hanson s religious belief conflicted with defendant's Employment requiremen
t that
he obtain a social security number to remain employed.
The defendant argues that the requirement that Mr. Hanson obtain a social securi
ty
number is not the defendant's employment requirement but a requirement of the In
ternal
Revenue Service (IRS). However, the defendant, not the IRS, made the decision th
at Mr.
Hanson's employment depended on his agreement to obtain a social security number
. The
IRS did not make the decision to terminate Mr. Hanson's employment because he di
d not
have a social security number. The decision that Mr. Hanson must obtain a social
security
number to remain employed was made solely by the defendant.
C. The defendant failed to reasonably accommodate Mr.Hanson's religious belief.
As outlined above, the commission can establish a prima facie case of religious
discrimination by the defendant against Mr. Hanson. The burden then shifts to th
e defendant
to show that it was unable to reasonably accommodate Mr. Hanson's religious beli
ef without
undue hardship. Tumen v. Missouri-Kansas-Texas R. Co., 736 F.2d 1022 (5th Cir. 1
984).
The real dispute between the Commission and the defendant is the duty of the def
endant to
reasonably accommodate Mr. Hanson. The defendant does not dispute that it did no
t attempt
to accommodate Mr. Hanson. Rather, the defendant contends that it could not acco
mmodate
Mr. Hanson without suffering penalties by the IRS and therefore it would suffer
undue
hardship. However, the applicable Internal Revenue Code provisions and IRS regul
ations do
not support the defendant's contention.
Some Examples
Indeed, the Internal Revenue Code and the regulations promulgated pursuant to the
code
do not contain an absolute requirement that an employer provide an employee soci
al security
number to the IRS. Internal Revenue Code Section 6109 (a) (3) states:
Any person required under the authority of this title to make a return,
statement or other document with respect to another person, shall request
from such other person, and shall include in any return statement, or
document, such identifying number as may be prescribed for securing
proper identification of such other person. 26 U.S.C. 6109(a)(3) (Supp.
1992).
The IRS regulation interpreting Section 6109 provides:
If he does not know the taxpayer identifying number of the other person,
he shall request such number of the other person. A request should state
that the identifying number is required to be furnished under the authority
of law. When the person filing the return, statement, or other document
does not know the number of the other person, and has complied with the
request provision of this paragraph, he shall sign an affidavit on the
transmittal document forwarding such returns, statements, or other
documents to the Internal Revenue Service so stating. (emphasis added)
Treas. Reg. 301.6109-1(c) (1991).
The applicable IRS statute and regulation place a duty on the employer to reques
t a
taxpayer identifying number from the employee. If a document must be filed and t
he
employer has been unable to obtain the number but has made the request then the
employer
need only include an affidavit stating that the request was made.
In August 1989, Internal Revenue Code Section 6676, 26 U.S.C. 6676 (1989), set f
orth the
penalties for failing to supply the IRS with identifying numbers as required by
the code. This
section states that a $50.00 penalty will be imposed for failure of an employer
to provide an
identifying number on any document filed with the IRS unless it is shown that th
e failure is
due to reasonable cause and not willful neglect. The Treasury Regulation interpr
eting the
statute states:
Under Section 301.6109-1(c) a payor is required to request the
identifying number of the payee. If after such a request has been made, the
payee does not furnish the payor with his identifying number, the penalty
will not be assessed against the payor. (emphasis added) Treas. Reg.
310.6676-1 (1989)
Thus, based upon the IRS regulations in effect in August 1989, the defendant onl
y had to
request the identifying number from Mr. Hanson and then when the number was not
provided, provide an affidavit stating that the number had been requested. The d
efendant
could have accommodated Mr. Hanson by filing an affidavit with the IRS stating t
hat a
request for a social security number had been made. Once such an affidavit was f
iled no
penalty could be assessed against the defendant. The defendant cannot argue that
filing an
affidavit would create undue hardship on its business. See Trans World Airlines
v. Hardison,
432 U.S. 63 (1977) (employer must show that an accommodation would require the e
mployer
Policy Manual
to incur greater than a deminimis cost or impose greater than a deminimis imposi
tion to
establish undue hardship).
The Omnibus Budget Restoration Act, Public Law 101-239, Title, VII, Section
7711(b)(1), Dec. 19, 1989, 103 Stat. 2393, repealed Section 6676 of the Internal
Revenue
Code effective for statements or documents filed after December 31, 1989. Since
December
31, 1989, Section 6723 of the Internal Revenue Code, 26 U.S.C. S 6723 (Supp. 199
2) has
governed the failure to comply with information reporting requirements. Section
6723 states
that a penalty of $50.00 'shall be assessed for each failure to comply with a re
porting
requirement. However, Internal Revenue Code Section 6724, 26 U.S.C. 6724 (Supp.
1992),
provides for a waiver of any penalties assessed under the code upon a showing of
reasonable
cause. Section 6724(a) provides:
No penalty shall be imposed under this part with respect to any failure if
it is shown that such failure is due to reasonable cause and not willful
neglect. 26 U.S.C. 6724(a) (Supp. 1992).
While no court has ruled that a religious conviction is reasonable cause, the fo
cus in this
case is on the action of the employer in determining whether any penalty would b
e assessed.
Unless the employer willfully fails to obtain the taxpayer identification number
any penalty
should be waived. The key fact in determining whether the defendant violated Tit
le VII,
however, is that the defendant made no attempt to accommodate Mr. Hanson by seek
ing a
waiver of any penalty for reasonable cause.
The defendant's contention that it could be subjected to penalties under the Imm
igration
Reform and Control Act of 1986, 8 U.S.C. 1324 (Supp. 1992), is also meritless. T
he
Immigration Reform and Control Act of 1986 was enacted to make the employment of
illegal
aliens unlawful. 8 U.S.C. 1324a(a) (Supp. 1992). The Law requires a verification
system
under which an employer must attest, under penalty of perjury, that it has verif
ied that each
employee is not an unauthorized alien by examining the requisite document or doc
uments,
showing identity and employment authorization. 8 U.S.C. 1324a(b) (Supp. 1992). T
he law
lists a number of documents which can be used to verify identity and employment
authorization. A social security card is one document which evidences employment
authorization, but it is not required. A birth certificate showing birth in the
United States is
another example of a document which evidences employment authorization. 8 U.S.C.
1324a(b)(1)(C) (Supp. 1992). The case cited by the defendant for the proposition
that it
would be violating the Immigration Reform and Control Act of 1986 for not includ
ing a
social security number on Mr. Hanson's I-9 form, Mester Mfg. Co. v. INS, 879 F.2
d 561 (9th
Cir. 1989), involves an employer who continued to employ an individual after bei
ng advised
by the INS that the individual was an unauthorized alien. The case does not supp
ort the
defendant's contention that the Act requires it to furnish a social security num
ber for Mr.
Hanson.
IV. CONCLUSION
The Commission's complaint filed herein gave the defendant sufficient notice, pu
rsuant to
Rule 8 of the Federal Rules of Civil Procedure, of the EEOC s claim of religious
discrimination under-Title VII. The Commission can establish a prima facie case
of religious
Some Examples
discrimination under Title VII. Mr. Hanson has a bona fide religious belief that
conflicted
with the defendant's requirement that he provide the defendant with a social sec
urity number
to remain employed. The defendant was aware of Mr. Hanson's religious belief and
failed to
reasonably accommodate his belief. The Commission has stated a claim upon which
relief
can be granted and the Defendant's Motion to Dismiss should be denied.
Respectfully submitted
JEFFREY C. BANNON
Regional Attorney
Connecticut State Bar No. 301166
Consent Decree
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION, )
Plaintiff, ) CIVIL ACTION
)
V. ) NO.CA3-92-0169-T
)
INFORMATION SYSTEMS CONSULTING )
A DIVISION OF DIVERSIFIED HUMAN )
RESOURCES GROUP, )
Defendant. )
CONSENT DECREE
This action was initiated on January 27, 1992, by the plaintiff, the Equal Emplo
yment
Opportunity Commission (hereinafter the Commission ), an agency of the United State
s
Government, alleging that the defendant, Information Systems Consulting, A Divis
ion of
Diversified Human Resources Group, had violated Title VII of the Civil Rights Ac
t of 1964,
as amended, by terminating Bruce Hanson because of his refusal to obtain a socia
l security
number after Mr. Hanson advised the defendant that obtaining or using a social s
ecurity
number was in conflict with his religious beliefs.
Policy Manual
The Commission and Information Systems Consulting, A Division of Diversified Hum
an
Resources Group desires to settle this action, and therefore, do hereby stipulat
e and consent
to the entry of his Consent Decree as final and binding between the parties sign
atory hereto
and their successors or assigns. This Decree resolves all matters related to Com
plaint CA392-
0169-T filed in the United States District Court for the Northern District of Te
xas, Dallas
Division. The parties have agreed that this Decree may be entered without Findin
gs of Fact
and Conclusions of Law having been made and entered by the Court.
In consideration of the mutual promises of each party to this Decree, the suffic
iency of
which is hereby acknowledged, the Commission and Information Systems Consulting,
A
Division of Diversified Human Resources Group agree as follows, the Court finds
appropriate, and therefore it is ORDERED, ADJUDGED AND DECREED that:
1. This Decree revolves all issues raised in the EEOC charge No. 310-89-2438. Th
is
Decree further resolves all issues in the Complaint filed by the Commission in t
his case. The
Commission waives further litigation on all issues raised in the above reference
d charge and
Complaint. The Commission does not waive processing or litigating charges other
than the
charge referred to above.
2. The parties agree and the Court finds that this Court has jurisdiction of the
subject
matter of this action and of the parties, that venue is proper, and that all adm
inistrative
prerequisites to filing suit have been satisfied.
3. By entering into this Decree, the parties have not admitted any contentions r
egarding
the allegations on the merits of this cause of action. No party shall contest th
e validity of this
Decree nor the jurisdiction of the federal district court to enforce its Decree
and its terms or
the right of any party to bring an enforcement suit upon breach of any of the te
rms of this
Decree by any other party. Jurisdiction over this action is retained by the Cour
t for the
purpose of enabling any of the parties to this Consent Decree to apply to the Co
urt at any time
for such further order and directions as may be necessary or appropriate for the
construction
or implementation of the Decree or any of its provisions, or for the enforcement
or
compliance therewith.
4. This Decree is being issued with the consent of the parties and does not cons
titute an
adjudication or finding by this Court on the merits of the allegations of the co
mplaint. By
entering into this Decree, Information Systems Consulting, A Division of Diversi
fied Human
Resources Group, does not admit, nor has this Court made any determination with
respect to,
the claims that there have been any violations of Title VII or any other statute
, regulations or
ordinance promulgated by any federal, state or local agency dealing with discrim
ination, by
Information Systems Consulting, A Division of Diversified Human Resources Group.
Nothing contained in this Decree shall be construed as an admissions of liabilit
y on the part
of the defendant.
5. The defendant, Information Systems Consulting, A Division of Diversified Huma
n
Resources Group, in settlement of this dispute, shall make an award of backpay i
n the amount
of $10,000.00 to Bruce Hanson. The award shall be paid as follows:
(a) a payment of $3,500.00 shall be made upon entry of the Consent Decree;
(b) a payment of $3,500.00 shall be made four months after the entry of the Cons
ent
Decree;
Some Examples
(c) a payment of $3,000.00 shall be made eight (8) months after the entry of the
Consent Decree.
6. The defendant shall make legal deductions for withholding of Federal income t
axes and
the employee portion of social security from the backpay checks. The defendant s
hall include
with the check, an itemized statement indicating specific amounts paid and deduc
tions made.
All W-2 forms shall be provided as required by law.
7. The defendant shall make all employer contributions to social security as req
uired by
law on the back wages to be paid to Bruce Hanson pursuant to this Consent Decree
.
8. The defendant, Information Systems Consulting, A Division of Diversified Huma
n
Resources Group, shall be permanently enjoined from terminating an employee or r
efusing to
hire an individual for failure to provide a social security number because of re
ligious beliefs.
If an employee or applicant for employment advises the defendant that he does no
t have a
social security number because of his religious beliefs, the defendant shall req
uest, pursuant
to Section 6724 of the Internal Revenue Service Code, 26 U.S.C. §6724, a waiver of
any
penalties that may be imposed for failing to include an employee social security
number on
forms and documents submitted to the IRS. In the event the waiver is granted the
employee
shall be treated the same as all other employees.
9. For a period of two (2) years from the entry of this Decree the defendant sha
ll provide a
report to the Equal Employment Commission of all applicants or employees who ref
use to
provide a social security number because of religious beliefs. The Commission sh
all be
notified within ten (10) days of the date the defendant is notified that the ind
ividual does not
have a social security number because of religious beliefs. The defendant shall
advise the
Commission of the date the IRS waiver was requested and the outcome of the reque
st. The
reports shall be directed to:
Jeffrey C. Bannon
Regional Attorney
Equal Employment Opportunity Commission
8303 Elmbrook Drive, 2nd Floor
Dallas, Texas 75247
10. Bruce Hanson hereby specifically and voluntarily waives any right to reinsta
tement.
11. Bruce Hanson hereby agrees to release the defendant from all claims, demands
,
damages and causes of action arising from the allegations in charge number 310 8
9 2438 and
agrees that this Consent Decree resolves all issues arising out of the claims al
leged in charge
number 310 89 2438.
12. The defendant shall post the notice attached as Exhibit A in a conspicuous p
lace for
sixty (60) days from entry of this decree.
13. The parties agree to pay their own costs.
SO ORDERED, ADJUDGED AND DECREED this 30 day of October, 1992.
Policy Manual
[signed]
UNITED STATES DISTRICT JUDGE FOR
THE NORTHERN DISTRICT OF TEXAS
Some Examples
Weber v. Leaseway Dedicated
U.S. 10th Circuit Court of Appeals
WEBER v LEASEWAY DEDICATED
UNITED STATES COURT OF APPEALS TENTH CIRCUIT
DON M. WEBER, II, )
Plaintiff -Appellant, ) No. 98-3172
)
v. ) (D.C. No. 97-CV-2209-GTV
)
LEASEWAY DEDICATED ) (D. Kan.)
LOGISTICS, INC., formerly )
known as Leaseway Logistics ) (5 F.Supp.2d 1219)
Service, a California corporation, )
Defendant -Appellee. )
Order and Judgment1
Before SEYMOUR, Chief Judge, BALDOCK, and HENRY, Circuit Judges.2
Plaintiff Don M. Weber appeals the district court's grant of summary judgment in
favor of
Defendant Leaseway Dedicated Logistics, Inc. (hereafter Leaseway ) under Fed. R. Ci
v. P.
56. Also before the court is Plaintiff's motion to proceed on appeal in forma pa
uperis. In his
complaint, Plaintiff asserted that Defendant discriminated against him because o
f his
religious beliefs in violation of Title VII of the Civil Rights Act of 1964, 42
U.S.C. § 2000e et
seq., when Defendant refused to hire Plaintiff unless he provided Defendant with
his social
security number. Our jurisdiction arises under 28 U.S.C. § 1291. We review the dis
trict
court's grant of summary judgment de novo, using the same standard applied by th
e district
court. Aramburu v. The Boeing Co., 112 F.3d 1398, 1402 (10th Cir. 1997). We gran
t
Plaintiff's motion to proceed in forma pauperis, and affirm the district court.
Plaintiff refuses to obtain or use a social security number because he claims it
represents
the mark of the beast as described in the Book of Revelations in the Bible. In Apr
il 1996,
Plaintiff applied for a position as a truck driver with Defendant. On the applic
ation for
employment Plaintiff refused to provide a social security number. Defendant did
not hire
Plaintiff and informed him that he would not be hired without a social security
number.
1. This order and judgment is not binding precedent, except under the doctrines
of law of the case, res
judicata, and collateral estoppel. The court generally disfavors the citation of
orders and judgments;
nevertheless, an order and judgment may be cited under the terms and conditions
of 10th Cir. R. 36.3.
2. After examining the briefs and appellate record, this panel has determined th
at oral argument would not
materially assist the determination of this appeal. See Fed. R. App. P. 34(a) (2
)(C); 10th Cir. R. 34.1(G).
The case is therefore ordered submitted without oral argument.
Policy Manual
We analyze Title VII religious discrimination claims under a burden-shifting app
roach.
See Toledo v. Nobel-Sysco, Inc., 892 F.2d 1481, 1486 (10th Cir. 1989). First the
employee
must establish a prima facie case of religious discrimination by showing that (1
) he has a
bona fide religious belief in conflict with an employment requirement; (2) he in
formed the
employer of the belief; and (3) he was not hired because he failed to satisfy th
e requirement.
Id. Once the plaintiff has established a prima facie case, the burden shifts to
the employer to
show that a reasonable accommodation would result in undue hardship to the emplo
yer. 42
U.S.C. § 2000e(j); Lee v. ABF Freight Sys., Inc., 22 F.3d 1019, 1022 (10th Cir. 19
94) The
district court concluded that Plaintiff could not establish a prima facie case.
The district court
further concluded that assuming arguendo that Plaintiff met his burden, his clai
m would still
fail because accommodating Plaintiff would place an undue hardship on Defendant.
We
agree with the district court's conclusion that accommodating Plaintiff would pl
ace an undue
hardship on Defendant.
Under federal law, all employers are required to withhold certain income taxes a
nd social
security taxes and file a report with the Internal Revenue Service as to each in
dividual
employee. These reports require identification of the employee by social securit
y number. 26
U.S.C. § 6109; 26 C.F.R. §§ 31.6109-1, 31.6051-1(a)(1). Requiring Defendant to violate
these laws in order to accommodate Plaintiff would result in undue hardship to D
efendant.
See United States v. Board of Educ., 911F.2d 882, 891 (3rd Cir. 1990) (requiring
defendant
to violate state statute to accommodate plaintiff resulted in undue hardship); s
ee also Droz v.
Commissioner of IRS, 48 F.3d 1120, 1123 (9th Cir. 1995) (compulsory participatio
n in the
social security system, where the plaintiff's objection is based on religious gr
ounds, is not
unconstitutional).
Furthermore, by accommodating Plaintiff's refusal to provide a social security n
umber,
Defendant would be subject to penalties from the IRS for not reporting the emplo
yee's social
security number. See 26 U.S.C. §§ 6722, 6723. To require an employer to subject itse
lf to
potential fines also results in undue hardship. See Lee, 22 F.3d at 1023. In res
ponse, Plaintiff
argues that Defendant would not be subject to undue hardship because Defendant c
ould
receive a waiver of penalties under 26 U.S.C. §6724. Section 6724(a) provides that
 [n]o
penalty shall be imposed under this part with respect to any failure if it is sh
own that such
failure is due to reasonable cause and not to willful neglect. Plaintiff cited no
authority to
support his contention that the Internal Revenue Service would find that Defenda
nt's
omission of Plaintiff's social security number was due to reasonable cause. Cf. EE
OC v.
Allendale Nursing Centre, 996 F.Supp. 712, 718 (W.D. Mich. 1998) (employer under
no
obligation to seek § 6724 waiver in order to accommodate Plaintiff). Therefore, we
reject
Plaintiff's argument. For these reasons, the judgment of the district court is A
FFIRMED.
Entered for the Court,
Bobby R. Baldock
Circuit Judge
Some Examples
Authur Thomas v. Taco Bell
Authur Thomas was hired by Taco Bell on June 18, 1993, and after a short trainin
g session
he was fired for refusing to provide the assistant manager with a social securit
y number.
Unlike most large American businesses, Taco Bell demonstrated an honest regard f
or
learning the truth. This responsible position helped both Authur Thomas and Taco
Bell avoid
expensive litigation; in the end, Taco Bell restored Authur s lost pay and offered
him his job
back. There is no actual Authur Thomas v. Taco Bell case because the issue never
went to
court. Certainly, it is refreshing to learn about businesses who make an extra e
ffort to do what
is right!
Taco Bell s legal department verified each legal fact with both the Social Securit
y
Administration and with the Internal Revenue Service. Their investigation result
ed in the
following discoveries:

The Social Security Administration verified that there is no law which requires
an
individual to obtain a social security number.
Social Security is a voluntary system in that no one is required to obtain a soc
ial
security number.
There is no IRS penalty imposed on a corporation by the IRS if the failure to sh
ow a
social security number or TIN for an employee is due to reasonable cause and not
to
willful neglect.
The employer must request the employee to provide the employer with a social
security number or TIN. If the employee refuses to provide the number (regardles
s of
whether it is a religious issue or for any other reason) and the employer fails
to include
that information in his returns without the social security number, then the
§6721(c)(1)(B) $50.00 penalty applies.
The Internal Revenue Code only makes it appear to require that which is actually
voluntary.
That the IRS does not have the authority to require an employer to provide or de
ny
employment or services to anyone who refuses to disclose a social security numbe
r or
TIN. This is a matter between the individual and the employer.
An additional result of Taco Bell s research caused them to change their employmen
t
application to include the word optional in the social security number field.
Policy Manual
170
About the
Social Security Number and Card
What the Digits Mean
The nine-digit social security number is divided into three parts. The first thr
ee digits
indicate the state shown in the mailing address on the original application. The
lowest social
security numbers were assigned to the New England states, and the numbers grew
progressively higher in the South and West. However, in recent years, this geogr
aphical
relationship has been disrupted somewhat by the need to allocate numbers out of
sequence as
State populations change.
The middle two digits of a social security number have no special significance,
but merely
serve to break the numbers into blocks of convenient size. The last four digits
represent a
straight numerical progression of assigned numbers.
Social Security Administration has issued more than 392 million social security
numbers,
and more than five million new numbers are assigned each year. But even at this
rate, there
will be no need to reissue the same numbers, revise the present system, or devis
e a new
numbering system for several generations. For this reason, Social Security Admin
istration
plans to continue using the nine-digit number.
The Structure of the Social Security Number
The social security number is structured as follows:

The first three digits indicate the state where social security number is issued
.
The middle two digits indicate the approximate year the card was issued. 00 was
never used. Odd numbers of 05, 07 and 09 were issued in the late 1930s, and the
even
numbers of 10 or greater were issued in the later years.
The last four digits is a sequential number of no particular significance.
The following are the first three digit ranges assigned per state:
First Three Digits State
001-003 New Hampshire
004-007 Maine
008-009 Vermont
Policy Manual
First Three Digits State
010-034 Massachusetts
035-039 Rhode Island
040-049 Connecticut
050-134 New York
135-158 New Jersey
159-211 Pennsylvania
212-220 Maryland
221-222 Delaware
223-231 Virginia & West Virginia
232-232 North Carolina
233-236 Not in use
237-246 North Carolina
247-251 South Carolina
252-260 Georgia
261-267 Florida
268-302 Ohio
303-317 Indiana
318-361 Illinois
362-386 Michigan
387-399 Wisconsin
400-407 Kentucky
408-415 Tennessee
416-424 Alabama
425-428 Mississippi
429-432 Arkansas
433-439 Louisiana
440-448 Oklahoma
About the Social Security Number and Card
First Three Digits State
449-467 Texas
468-477 Minnesota
478-485 Iowa
486-500 Missouri
501-502 North Dakota
503-504 South Dakota
505-508 Nebraska
509-515 Kansas
516-517 Montana
518-519 Idaho
520-520 .Wyoming
521-524 Colorado
525-525 New Mexico
526-527 Arizona
528-529 Utah
530-530 Nevada
531-539 Washington
540-544 Oregon
545-573 California
574-574 Alaska
575-576 Hawaii
577-579 Washington, D.C.
580-584 Puerto Rico & Virgin lslands
585-585 New Mexico
586-586 Guam, Samoa & Pacific Territories
587-588 Mississippi
589-595 Florida
Policy Manual
First Three Digits State
596-599 Not in use
600-601 Arizona
602-626 California
627-699 Not in use
700-728 Railroad Retirement
729-999 Not in use
The following range of first three digits are currently not used by the Social S
ecurity
Administration:
233 through 236
596 through 599
627 through 699
729 through 999
The Right to Travel

At first glance this issue does seem to be directly related to the social securi
ty number
issue. However, because of recent changes in State laws making it more difficult
for
unenumerated citizens to obtain a driver s license, there will soon be a substanti
al increase in
the number of drivers who do not possess a valid driver s license. This issue beco
mes
important when you are forced to drive without a license and become involved in
a traffic
stop. It is included for that reason.
The following has been used successfully as a legal brief to support a demand fo
r
dismissal of charges for driving without a license. It is the successful argumen
t that was the
reason for charges being dropped, or for a win in court against the argument tha
t free people
can have their right to travel regulated by their servants.
The forgotten legal maxim is that free people have a right to travel on the road
s which are
provided by their servants for that purpose, using ordinary transportation of th
e day.
Licensing cannot be required of free people, because taking on the restrictions
of a license
requires the surrender of a right. The driver's license can be required of peopl
e who use the
highways for trade, commerce, or hire; that is, if they earn their living on the
road, and if they
use extraordinary machines on the roads. In other words, if you are not using th
e highways
for profit, you cannot be required to have a driver's license.
This brief or the right it demonstrates is no substitute for being safe on the r
oad or for
learning the subject of rights versus regulations thoroughly before attempting t
o use or act
upon this information.
Brief in Support of Notice for Dismissal for Lack of
Jurisdiction
Now, comes the Accused, appearing specially and not generally or voluntarily, bu
t under
threat of arrest if he failed to do so, with this Brief in Support of Notice for
Dismissal for
Lack of Jurisdiction, stating as follows:
Policy Manual
Argument
If ever a judge understood the public's right to use the public roads, it was Ju
stice Tolman
of the Supreme Court of the State of Washington. Justice Tolman stated:
Complete freedom of the highways is so old and well established a blessing that w
e have
forgotten the days of the Robber Barons and toll roads, and yet, under an act li
ke this,
arbitrarily administered, the highways may be completely monopolized, if, throug
h lack of
interest, the people submit, then they may look to see the most sacred of their
liberties taken
from them one by one, by more or less rapid encroachment. Robertson vs. Departmen
t of
Public Works, 180 Wash 133, 147.
The words of Justice Tolman rings most prophetically in the ears of Citizens thr
oughout
the country today as the use of the public roads has been monopolized by the ver
y entity
which has been empowered to stand guard over our freedoms, i.e., that of state g
overnment.
Rights
The most sacred of liberties of which Justice Tolman spoke was personal liberty. T
he
definition of personal liberty is:
Personal liberty, or the Right to enjoyment of life and liberty, is one of the fu
ndamental or
natural Rights, which has been protected by its inclusion as a guarantee in the
various
constitutions, which is not derived from, or dependent on, the U.S. Constitution
, which may
not be submitted to a vote and may not depend on the outcome of an election. It
is one of the
most sacred and valuable Rights, as sacred as the Right to private property and
is
regarded as inalienable. 16 C.J.S., Constitutional Law, Sect.202, p.987.
This concept is further amplified by the definition of personal liberty:
Personal liberty largely consists of the Right of locomotion to go where and when
one
pleases only so far restrained as the Rights of others may make it necessary for
the welfare
of all other citizens. The Right of the Citizen to travel upon the public highwa
ys and to
transport his property thereon, by horse-drawn carriage, wagon, or automobile,is
not a mere
privilege which may be permitted or prohibited at will, but the common Right whi
ch he has
under his Right to life, liberty, and the pursuit of happiness. Under this Const
itutional
guarantee one may, therefore, under normal conditions, travel at his inclination
along the
public highways or in public places, and while conducting himself in an orderly
and decent
manner, neither interfering with nor disturbing another's Rights, he will be pro
tected, not only
in his person, but in his safe conduct. [emphasis added] II Am.Jur. (1st) Constit
utional Law,
Sect.329, p.1135.
and further
Personal liberty consists of the power of locomotion, of changing situations, of
removing
one's person to whatever place one's inclination may direct, without imprisonmen
t or restraint
unless by due process of law. 1 Blackstone's Commentary 134; Bovier's Law Diction
ary,
1914 ed., Black's Law Dictionary, 5th ed.
Justice Tolman was concerned about the State prohibiting the Citizen from the mos
t
sacred of his liberties, the Right of movement, the Right of moving one's self fr
om place to
place without threat of imprisonment, the Right to use the public roads in the o
rdinary course
of life.
The Right to Travel
When the State allows the formation of a corporation it may control its creation
by
establishing guidelines (statutes) for its operation (charters). Corporations wh
o use the roads
in the course of business do not use the roads in the ordinary course of life. T
here is a
difference between a corporation and an individual. The United States Supreme Co
urt has
stated:
We are of the opinion that there is a clear distinction in this particular betwee
n an
individual and a corporation, and that the latter has no right to refuse to subm
it its books and
papers for examination on the suit of the State. The individual may stand upon h
is
Constitutional Rights as a Citizen. He is entitled to carry on his private busin
ess in his own
way. His power to contract is unlimited. He owes no duty to the State or to his
neighbors to
divulge his business, or to open his doors to investigation, so far as it may te
nd to incriminate
him. He owes no such duty to the State, since he receives nothing therefrom, bey
ond the
protection of his life, liberty, and property. His Rights are such as the law of
the land long
antecedent to the organization of the state, and can only be taken from him by d
ue process of
law, and in accordance with the Constitution. Among his Rights are the refusal t
o incriminate
himself, and the immunity of himself and his property from arrest or seizure exc
ept under
warrant of law. He owes nothing to the public so long as he does not trespass up
on their
rights.
Upon the other hand, the corporation is a creature of the state.Itis presumed to
be
incorporated for the benefit of the public. It receives certain special privileg
es and franchises,
and holds them subject to the laws of the state and the limitations of its chart
er. Its rights to
act as a corporation are only preserved to it so long as it obeys the laws of it
s creation. There
is a reserved right in the legislature to investigate its contracts and find out
whether it has
exceeded its powers. It would be a strange anomaly to hold that the State, havin
g chartered a
corporation to make use of certain franchises, could not in exercise of its sove
reignty inquire
how those franchises had been employed, and whether they had been abused, and de
mand
the production of corporate books and papers for that purpose. [emphasis added] H
ale vs.
Hinkel, 201 US 43, 74-75.
Corporations engaged in mercantile equity fall under the purview of the State's
admiralty
jurisdiction, and the public at large must be protected from their activities, a
s they (the
corporations) are engaged in business for profit.
Based upon the fundamental ground that the sovereign state has the plenary contro
l of
the streets and highways in the exercise of its police power (see police power,
infra.), may
absolutely prohibit the use of the streets as a place for the prosecution of a p
rivate business
for gain. They all recognize the fundamental distinction between the ordinary Ri
ght of the
Citizen to use the streets in the usual way and the use of the streets as a plac
e of business or
a main instrumentality of business for private gain. The former is a common Righ
t, the latter is
an extraordinary use. As to the former the legislative power is confined to regu
lation, as to the
latter it is plenary and extends even to absolute prohibition. Since the use of
the streets by a
common carrier in the prosecution of its business as such is not a right but a m
ere license of
privilege. Hadfield vs. Lundin, 98 Wash 657l, 168, p.516.
It will be necessary to review early cases and legal authority in order to reach
a lawfully
correct theory dealing with this Right or privilege. We will attempt to reach a so
und
conclusion as to what is a Right to use the road and what is a privilege to use the
road.
Policy Manual
Once reaching this determination, we shall then apply those positions to modern
case
decision.
Where rights secured by the Constitution are involved, there can be no rule makin
g or
legislation which would abrogate them. Miranda vs. Arizona, 384 US 436, 491.

and
The claim and exercise of a constitutional Right cannot be converted into a crime
. Miller vs.
U.S., 230 F. 486, 489.
and
There can be no sanction or penalty imposed upon one because of this exercise of
constitutional Rights. Snerer vs. Cullen, 481 F. 946.

Streets and highways are established and maintained for the purpose of travel an
d
transportation by the public. Such travel may be for business or pleasure.
The use of the highways for the purpose of travel and transportation is not a mer
e privilege,
but a common and fundamental Right of which the public and the individual cannot
be
rightfully deprived. [emphasis added] Chicago Motor Coach vs. Chicago, 169 NE 22;
Ligare
vs. Chicago, 28 NE 934; Boon vs. Clark, 214 SSW 607; 25 Am.Jur. (1st) Highways S
ect.163.
and
The Right of the Citizen to travel upon the public highways and to transport his
property
thereon, either by horse drawn carriage or by automobile, is not a mere privileg
e which a city
can prohibit or permit at will, but a common Right which he has under the right
to life, liberty,
and the pursuit of happiness. [emphasis added] Thompson vs. Smith, 154 SE 579.
So we can see that a Citizen has a Right to travel upon the public highways by a
utomobile
and the Citizen cannot be rightfully deprived of his Liberty. So where does the
misconception
that the use of the public road is always and only a privilege come from?
For while a Citizen has the Right to travel upon the public highways and to trans
port his
property thereon, that Right does not extend to the use of the highways, either
in whole or in
part, as a place for private gain. For the latter purpose no person has a vested
 right to use the
highways of the state, but is a privilege or a license which the legislature may
grant or
withhold at its discretion. State vs. Johnson, 243 P. 1073; Hadfield, supra; Cumm
ins vs.
Homes, 155 P. 171; Packard vs. Banton, 44 S.Ct. 256; and other cases too numerou
s to
mention.
Here the court held that a Citizen has the Right to travel upon the public highw
ays, but that
he did not have the right to conduct business upon the highways. On this point o
f law all
authorities are unanimous.
Heretofore the court has held, and we think correctly, that while a Citizen has t
he Right to
travel upon the public highways and to transport his property thereon, that Righ
t does not
extend to the use of the highways, either in whole or in part, as a place of bus
iness for private
gain. Barney vs. Board of Railroad Commissioners, 17P.2d82; Willis vs. Buck, 263
P.l 982.
The Right to Travel
and
The right of the citizen to travel upon the highway and to transport his property
thereon, in the
ordinary course of life and business, differs radically and obviously from that
of one who
makes the highway his place of business for private gain in the running of a sta
gecoach or
omnibus. State vs. City of Spokane, 186 P. 864.
What is this Right of the Citizen which differs so radically and obviously from on
e who
uses the highway as a place of business? Who better to enlighten us than Justice
Tolman of
the Supreme Court of Washington State? In State vs. City of Spokane, supra, the
Court also
noted a very radical and obvious difference, but went on to explain just what the
difference
is:
The former is the usual and ordinary right of the Citizen, a common right to all,
while the latter
is special, unusual, and extraordinary.
and
This distinction, elementary and fundamental in character, is recognized by all t
he
authorities. State vs. City of Spokane, supra.

This position does not hang precariously upon only a few cases, but has been pro
claimed
by an impressive array of cases ranging from the state courts to the federal cou
rts.
the right of the Citizen to travel upon the highway and to transport his property
thereon in the
ordinary course of life and business, differs radically and obviously from that
of one who
makes the highway his place of business and uses it for private gain in the runn
ing of a
stagecoach or omnibus. The former is the usual and ordinary right of the Citizen
, a right
common to all, while the latter is special, unusual, and extraordinary. Ex Parte
Dickey,
(Dickey vs. Davis), 85 SE 781.
and
The right of the Citizen to travel upon the public highways and to transport his
property
thereon, in the ordinary course of life and business, is a common right which he
has under the
right to enjoy life and liberty, to acquire and possess property, and to pursue
happiness and
safety. It includes the right, in so doing, to use the ordinary and usual convey
ances of the day,
and under the existing modes of travel, includes the right to drive a horse draw
n carriage or
wagon thereon or to operate an automobile thereon, for the usual and ordinary pu
rpose of life
and business. Teche Lines vs. Danforth, Miss., 12 S.2d 784; Thompson vs. Smith,su
pra.
There is no dissent among various authorities as to this position. (See Am.Jur.
[1st] Const.
Law, 329 and corresponding Am. Jur. [2nd].)
Personal liberty or the right to enjoyment of life and liberty is one of the fund
amental or
natural rights, which has been protected by its inclusion as a guarantee in the
various
constitutions, which is not derived from nor dependent on the U.S. Constitution
It is one of
the most sacred and valuable rights [remember the words of Justice Tolman, supra
.] as
sacred as the right to private property and is regarded as inalienable. 16 C.J.S.
Const.
Law, Sect.202, p.987.
Policy Manual
As we can see, the distinction between a Right to use the public roads and a privil
ege
to use the public roads is drawn upon the line of using the road as a place of bu
siness and
the various state courts have held so. But what have the U.S. courts held on thi
s point?
First, it is well established law that the highways of the state are public prope
rty, and their
primary and preferred use is for private purposes, and that their use for purpos
es of gain is
special and extraordinary which, generally at least, the legislature may prohibi
t or condition as
it sees fit. Stephenson vs. Rinford, 287 US 251; Pachard vs Banton, 264 US 140, a
nd cases
cited; Frost and F. Trucking Co. vs. Railroad Commission, 271 US 592; Railroad c
ommission
vs. Inter-City Forwarding Co., 57 SW.2d 290; Parlett Cooperative vs. Tidewater L
ines,164 A.
313.
So what is a privilege to use the roads? By now it should be apparent even to th
e learned
that an attempt to use the road as a place of business is a privilege. The disti
nction must be
drawn between
Traveling upon and transporting one's property upon the public roads, which is o
ur Right;
and
Using the public roads as a place of business or a main instrumentality of busin
ess, which
is a privilege.
[The roads] are constructed and maintained at public expense, and no person there
fore,
can insist that he has, or may acquire, a vested right to their use in carrying
on a commercial
business. Ex Parte Sterling, 53 SW.2d 294; Barney vs. Railroad Commissioners, 17P
.2d82;
Stephenson vs. Binford, supra.
When the public highways are made the place of business the state has a right to
regulate
their use in the interest of safety and convenience of the public as well as the
preservation of
the highways. Barney vs. Railroad Commissioners, supra.
[The state's] right to regulate such use is based upon the nature of the business
and the use
of the highways in connection therewith. Ibid.
 We know of no inherent right in one to use the highways for commercial purposes.
The
highways are primarily for the use of the public, and in the interest of the pub
lic, the state may
prohibit or regulate the use of the highways for gain. Robertson vs. Dept. of Pub
lic Works,
supra.
There should be considerable authority on a subject as important as this depriva
tion of the
liberty of the individual using the roads in the ordinary course of life and busi
ness.
However, it should be noted that extensive research has not turned up one case o
r authority
acknowledging the state's power to convert the individual's right to travel upon
the public
roads into a privilege.
Therefore, it is concluded that the Citizen does have a Right to travel and transp
ort his
property upon the public highways and roads and the exercise of this Right is no
t a
privilege.
Definitions
In order to understand the correct application of the statute in question, we mu
st first
define the terms used in connection with this point of law. As will be shown, ma
ny terms
The Right to Travel
used today do not, in their legal context, mean what we assume they mean, thus r
esulting in
the misapplication of statutes in the instant case.
Automobile and Motor Vehicle
There is a clear distinction between an automobile and a motor vehicle. An autom
obile has
been defined as:
The word `automobile' connotes a pleasure vehicle designed for the transportation
of
persons on highways. American Mutual Liability Ins. Co., vs. Chaput, 60 A.2d 118,
120; 95
NH 200.
While the distinction is made clear between the two as the courts have stated:
A motor vehicle or automobile for hire is a motor vehicle, other than an automobi
le stage,
used for the transportation of persons for which remuneration is received. Intern
ational Motor
Transit Co. vs. Seattle, 251 P. 120.
The term `motor vehicle' is different and broader than the word `automobile.' City
of
Dayton vs. DeBrosse, 23 NE.2d 647, 650; 62 Ohio App. 232.
The distinction is made very clear in Title 18 USC 31:
Motor vehicle means every description or other contrivance propelled or drawn by
mechanical power and used for commercial purposes on the highways in the transpo
rtation of
passengers, or passengers and property.
Used for commercial purposes means the carriage of persons or property for any far
e,
fee, rate, charge or other considerations, or directly or indirectly in connecti
on with any
business, or other undertaking intended for profit.
Clearly, an automobile is private property in use for private purposes, while a
motor
vehicle is a machine which may be used upon the highways for trade, commerce, or
hire.
Travel
The term travel is a significant term and is defined as:
The term `travel' and `traveler' are usually construed in their broad and general
sense so
as to include all those who rightfully use the highways viatically (when being r
eimbursed for
expenses) and who have occasion to pass over them for the purpose of business,
convenience, or pleasure. [emphasis added] 25 Am.Jur. (1st) Highways, Sect.427, p
.717.
 Traveler One who passes from place to place, whether for pleasure, instruction, b
usiness,
or health. Locket vs. State, 47 Ala. 45; Bovier's Law Dictionary, 1914 ed., p. 33
09.
Travel To journey or to pass through or over; as a country district, road, etc. T
o go from one
place to another, whether on foot, or horseback, or in any conveyance as a train
, an
automobile, carriage, ship, or aircraft; Make a journey. Century Dictionary, p.20
34.
Therefore, the term travel or traveler refers to one who uses a conveyance to go fro
m
one place to another, and included all those who use the highways as a matter of
Right.
Policy Manual
Notice that in all these definitions the phrase for hire never occurs. This term tr
avel or
traveler implies, by definition, one who uses the road as a means to move from one
place to
another.
Therefore, one who uses the road in the ordinary course of life and business for
the
purpose of travel and transportation is a traveler.
Driver
The term driver in contradistinction to traveler, : is defined as:
Driver One employed in conducting a coach, carriage, wagon, or other vehicle Bovie
r's
Law Dictionary, 1914 ed., p. 940.
Notice that this definition includes one who is employed in conducting a vehicle.
It
should be self-evident that this person could not be traveling on a journey, but i
s using the
road as a place of business.
Operator
Today we assume that a traveler is a driver, and a driver is an operator. However,
this is not the case.
It will be observed from the language of the ordinance that a distinction is to b
e drawn
between the terms `operator' and `driver'; the `operator' of the service car bei
ng the person
who is licensed to have the car on the streets in the business of carrying passe
ngers for hire;
while the `driver' is the one who actually drives the car. However, in the actua
l prosecution of
business, it was possible for the same person to be both `operator' and `driver.
' Newbill vs.
Union Indemnity Co., 60 SE.2d 658.
To further clarify the definition of an operator the court observed that this was
a vehicle
for hire and that it was in the business of carrying passengers.
This definition would seem to describe a person who is using the road as a place
of
business, or in other words, a person engaged in the privilege of using the road f
or gain.
This definition, then, is a further clarification of the distinction mentioned e
arlier, and
therefore:

Traveling upon and transporting one's property upon the public roads as a matter
of
Right meets the definition of a traveler.
Using the road as a place of business as a matter of privilege meets the definit
ion of a
driver or an operator or both.
The Right to Travel
Traffic
Having defined the terms automobile, motor vehicle, traveler, driver, and
operator, the next term to define is traffic :
Traffic thereon is to some extent destructive, therefore, the prevention of unnec
essary
duplication of auto transportation service will lengthen the life of the highway
s or reduce the
cost of maintenance, the revenue derived by the state will also tend toward the
public
welfare by producing at the expense of those operating for private gain, some sm
all part of
the cost of repairing the wear Northern Pacific R.R. Co. vs. Schoenfeldt, 213 P.
26.
Note: In the above, Justice Tolman expounded upon the key of raising revenue by
taxing
the privilege to use the public roads at the expense of those operating for gain.
In this case, the word traffic is used in conjunction with the unnecessary Auto
Transportation Service, or in other words, vehicles for hire. The word traffic is anot
her
word which is to be strictly construed to the conducting of business.
Traffic Commerce, trade, sale or exchange of merchandise, bills, money, or the lik
e. The
passing of goods and commodities from one person to another for an equivalent in
goods or
money Bovier's Law Dictionary, 1914 ed., p. 3307.
Here again, notice that this definition refers to one conducting business. No menti
on is
made of one who is traveling in his automobile. This definition is of one who is
engaged in
the passing of a commodity or goods in exchange for money, i.e., vehicles for hi
re.
Furthermore, the word traffic and travel must have different meanings which the
courts recognize. The difference is recognized in Ex Parte Dickey, supra:
in addition to this, cabs, hackney coaches, omnibuses, taxicabs, and hacks, when
unnecessarily numerous, interfere with the ordinary traffic and travel and obstr
uct them.
The court, by using both terms, signified its recognition of a distinction betwe
en the two.
But, what was the distinction? We have already defined both terms, but to clear
up any doubt:
The word `traffic' is manifestly used here in secondary sense, and has reference
to the
business of transportation rather than to its primary meaning of interchange of
commodities.
Allen vs. City of Bellingham, 163 P. 18.
Here the Supreme Court of the State of Washington has defined the word traffic (in
either its primary or secondary sense) in reference to business, and not to mere
travel!So it is
clear that the term traffic is business related and therefore, it is a privilege. The
net
results being that traffic is brought under the (police) power of the legislature.
The term has
no application to one who is not using the roads as a place of business.
Policy Manual
License
It seems only proper to define the word license, as the definition of this word wi
ll be
extremely important in understanding the statutes as they are properly applied:
The permission, by competent authority to do an act which without permission, wou
ld be
illegal, a trespass, or a tort. People vs. Henderson,218 NW.2d 2,4.
Leave to do a thing which licensor could prevent. Western Electric Co. vs. Pacent
Reproducer Corp., 42 F.2d 116, 118.

In order for these two definitions to apply in this case, the state would have t
o take up the
position that the exercise of a Constitutional Right to use the public roads in
the ordinary
course of life and business is illegal, a trespass, or a tort, which the state c
ould then regulate
or prevent.
This position, however, would raise magnitudinous Constitutional questions as th
is
position would be diametrically opposed to fundamental Constitutional Law.
In the instant case, the proper definition of a license is:
a permit, granted by an appropriate governmental body, generally for consideratio
n, to a
person, firm, or corporation, to pursue some occupation or to carry on some busi
ness which is
subject to regulation under the police power. [emphasis added] Rosenblatt vs. Cal
ifornia
State Board of Pharmacy, 158 P.2d 199, 203.
This definition would fall more in line with the privilege of carrying on business
on the
streets.
Most people tend to think that licensing is imposed by the state for the purpose o
f
raising revenue, yet there may well be more subtle reasons contemplated; for whe
n one seeks
permission from someone to do something he invokes the jurisdiction of the licens
or
which, in this case, is the state. In essence, the licensee may well be seeking
to be regulated
by the licensor.
A license fee is a charge made primarily for regulation, with the fee to cover co
sts and
expenses of supervision or regulation. State vs. Jackson, 60 Wisc.2d 700; 211 NW.
2d 480,
487.
The fee is the price; the regulation or control of the licensee is the real aim
of the
legislation.
Are these licenses really used to fund legitimate government, or are they nothin
g more
than a subtle introduction of police power into every facet of our lives? Have o
ur
enforcement agencies been diverted from crime prevention, perhaps through no fault
of
their own, instead now busying themselves as they check our papers to see that all
are
properly endorsed by the state?
How much longer will it be before we are forced to get a license for our lawn mo
wers, or
before our wives will need a license for her blender or mixer? They all have motors
on
them and the state can always use the revenue.
The Right to Travel
Police Power
The confusion of the police power with the power of taxation usually arises in c
ases where
the police power has affixed a penalty to a certain act, or where it requires li
censes to be
obtained and a certain sum be paid for certain occupations. The power used in th
e instant
case cannot, however, be the power of taxation since an attempt to levy a tax up
on a Right
would be open to Constitutional objection.
Each law relating to the use of police power must ask three questions:
1.
Is there threatened danger?
2.
Does a regulation involve a Constitutional Right?
3.
Is this regulation reasonable? People vs. Smith, 108 Am.St.Rep. 715; Bovier's
Law Dictionary, 1914 ed., under Police Power.
When applying these three questions to the statute in question, some very import
ant issues
emerge.
First, is there a threatened danger in the individual using his automobile on the
public
highways, in the ordinary course of life and business?
The answer is No! There is nothing inherently dangerous in the use of an automob
ile when
it is carefully managed. Their guidance, speed, and noise are subject to a quick
and easy
control, under a competent and considerate manager, it is as harmless on the roa
d as a horse
and buggy.
It is the manner of managing the automobile, and that alone, which threatens the
safety of
the public. The ability to stop quickly and to respond quickly to guidance would
seem to
make the automobile one of the least dangerous conveyances. (See Yale Law Journa
l,
December 1905.)
The automobile is not inherently dangerous. Cohens vs. Meadow, 89 SE 876; Blair vs
.
Broadmore, 93 SE 532.
To deprive all persons of the Right to use the road in the ordinary course of li
fe and
business, because one might, in the future, become dangerous, would be a depriva
tion not
only of the Right to travel, but also the Right to due process.
Next, does the regulation involve a Constitutional Right?
This question has already been addressed and answered in this brief, and need no
t be
reinforced other than to remind this Court that this Citizen does have the Right
to travel upon
the public highway by automobile in the ordinary course of life and business. It
can therefore
be concluded that this regulation does involve a Constitutional Right.
The third question is the most important in this case. Is this regulation reasona
ble?
The answer is No! It will be shown below that this licensing statute is oppressi
ve and
could be effectively administered by less oppressive means.
Although the Fourteenth Amendment does not interfere with the proper exercise of
the
police power, in accordance with the general principle that the power must be ex
ercised so as
not to invade unreasonably the rights guaranteed by the United States Constituti
on, it is
Policy Manual
established beyond question that every state power, including the police power,
is limited by
the Fourteenth Amendment (and others) and by the inhibitions there imposed.
Moreover, the ultimate test of the propriety of police power regulations must be
found in
the Fourteenth Amendment, since it operates to limit the field of the police pow
er to the
extent of preventing the enforcement of statutes in denial of Rights that the Am
endment
protects. (See Parks vs. State, 64 NE 682.)
With regard particularly to the U.S. Constitution, it is elementary that a Right
secured or
protected by that document cannot be overthrown or impaired by any state police
authority.
Connolly vs. Union Sewer Pipe Co., 184 US 540; Lafarier vs. Grand Trunk R.R. Co.
,24 A.
848; O'Neil vs. Providence Amusement Co., 108 A. 887.
The police power of the state must be exercised in subordination to the provision
s of the U.S.
Constitution. [emphasis added] Panhandle Eastern Pipeline Co. vs. State Highway
Commission, 294 US 613; Bacahanan vs. Wanley, 245 US 60.
It is well settled that the Constitutional Rights protected from invasion by the
police power,
include Rights safeguarded both by express and implied prohibitions in the Const
itutions.
Tiche vs. Osborne,131 A. 60.
As a rule, fundamental limitations of regulations under the police power are foun
d in the spirit
of the Constitutions, not in the letter, although they are just as efficient as
if expressed in the
clearest language. Mehlos vs. Milwaukee, 146 NW 882.
As it applies in the instant case, the language of the Fifth Amendment is clear:

No person shall be deprived of Life, Liberty, or Property without due process of

law.
As has been shown, the courts at all levels have firmly established an absolute
Right to
travel.
In the instant case, the state, by applying commercial statutes to all entities,
natural and
artificial persons alike, has deprived this free and natural person of the Right
of Liberty,
without cause and without due process of law.
Due Process
 The essential elements of due process of law are Notice and The Opportunity to de
fend.
Simon vs. Craft, 182 US 427.
Yet, not one individual has been given notice of the loss of his/her Right, let
alone before
signing the license (contract). Nor was the Citizen given any opportunity to def
end against
the loss of his/her right to travel, by automobile, on the highways, in the ordi
nary course of
life and business. This amounts to an arbitrary deprivation of Liberty.
There should be no arbitrary deprivation of Life or Liberty Barbour vs. Connolly,1
13 US
27, 31; Yick Wo vs. Hopkins, 118 US 356.
and
The right to travel is part of the Liberty of which a citizen cannot deprived wit
hout due
process of law under the Fifth Amendment. This Right was emerging as early as th
e Magna
Carta. Kent vs. Dulles, 357 US 116 (1958).
The Right to Travel
The focal point of this question of police power and due process must balance up
on the
point of making the public highways a safe place for the public to travel. If a
man travels in a
manner that creates actual damage, an action would lie (civilly) for recovery of
damages. The
state could then also proceed against the individual to deprive him of his Right
to use the
public highways, for cause. This process would fulfill the due process requireme
nts of the
Fifth Amendment while at the same time insuring that Rights guaranteed by the U.
S.
Constitution and the state constitutions would be protected.
But unless or until harm or damage (a crime) is committed, there is no cause for
interference in the private affairs or actions of a Citizen.
One of the most famous and perhaps the most quoted definitions of due process of
law, is
that of Daniel Webster in his Dartmouth College Case (4 Wheat 518), in which he
declared
that by due process is meant a law which hears before it condemns, which proceeds
upon
inquiry, and renders judgment only after trial. (See also State vs. Strasburg, 11
0 P. 1020;
Dennis vs. Moses, 52 P. 333.)
Somewhat similar is the statement that is a rule as old as the law that no one sh
all be
personally bound (restricted) until he has had his day in court, by which is mean
t, until he
has been duly cited to appear and has been afforded an opportunity to be heard.
Judgment
without such citation and opportunity lacks all the attributes of a judicial det
ermination; it is
judicial usurpation and it is oppressive and can never be upheld where it is fai
rly
administered. (12 Am.Jur. [1st] Const. Law, Sect.573, p.269.)
Note: This sounds like the process used to deprive one of the privilege of operati
ng a
motor vehicle for hire. It should be kept in mind, however, that we are discussing
the
arbitrary deprivation of the Right to use the road that all citizens have in comm
on.
The futility of the state's position can be most easily observed in the 1959 Was
hington
Attorney General's opinion on a similar issue:
The distinction between the Right of the Citizen to use the public highways for p
rivate, rather
than commercial purposes is recognized
and
 Under its power to regulate private uses of our highways, our legislature has req
uired that
motor vehicle operators be licensed (I.C. 49-307). Undoubtedly, the primary purp
ose of this
requirement is to insure, as far as possible, that all motor vehicle operators w
ill be competent
and qualified, thereby reducing the potential hazard or risk of harm, to which o
ther users of
the highways might otherwise be subject. But once having complied with this regu
latory
provision, by obtaining the required license, a motorist enjoys the privilege of
travelling freely
upon the highways Washington A.G.O. 59-60 No. 88, p. 11.
This alarming opinion appears to be saying that every person using an automobile
as a
matter of Right, must give up the Right and convert the Right into a privilege.
This is
accomplished under the guise of regulation. This statement is indicative of the
insensitivity,
even the ignorance, of the government to the limits placed upon governments by a
nd through
the several constitutions.
Policy Manual
This legal theory may have been able to stand in 1959; however, as of 1966, in t
he United
States Supreme Court decision in Miranda, even this weak defense of the state's
actions must
fall.
Where rights secured by the Constitution are involved, there can be no rule makin
g or
legislation which would abrogate them. Miranda vs. Arizona, 384 US 436, 491.
Thus the legislature does not have the power to abrogate the Citizen's Right to
travel upon
the public roads, by passing legislation forcing the citizen to waive his Right
and convert that
Right into a privilege. Furthermore, we have previously established that this pri
vilege has
been defined as applying only to those who are conducting business in the streets
or
operating for-hire vehicles.
The legislature has attempted, by legislative fiat, to deprive the Citizen of hi
s Right to use
the roads in the ordinary course of life and business, without affording the Cit
izen the
safeguard of due process of law. This has been accomplished under supposed powers
of
regulation.
Regulation
In addition to the requirement that regulations governing the use of the highways
must not be
violative of constitutional guarantees, the prime essentials of such regulation
are
reasonableness, impartiality, and definiteness or certainty. 25 Am.Jur. (1st) Hig
hways,
Sect.260.
and
Moreover, a distinction must be observed between the regulation of an activity wh
ich may be
engaged in as a matter of right and one carried on by government sufferance of p
ermission.
Davis vs. Massachusetts, 167 US 43; Pachard vs. Banton, supra.
One can say for certain that these regulations are impartial since they are bein
g applied to
all, even though they are clearly beyond the limits of the legislative powers. H
owever, we
must consider whether such regulations are reasonable and non-violative of const
itutional
guarantees.
First, let us consider the reasonableness of this statute requiring all persons
to be licensed
(presuming that we are applying this statute to all persons using the public roa
ds). In
determining the reasonableness of the statute we need only ask two questions:
1. Does the statute accomplish its stated goal?
The answer is No!
The attempted explanation for this regulation to insure the safety of the public
by
insuring, as much as possible, that all are competent and qualified.
However, one can keep his license without retesting, from the time he/she is fir
st
licensed until the day he/she dies, without regard to the competency of the pers
on,
by merely renewing said license before it expires. It is therefore possible to
completely skirt the goal of this attempted regulation, thus proving that this
regulation does not accomplish its goal.
The Right to Travel
Furthermore, by testing and licensing, the state gives the appearance of
underwriting the competence of the licensees, and could therefore be held liable
for failures, accidents, etc. caused by licensees.
2. Is the statute reasonable?
The answer is No!
This statute cannot be determined to be reasonable since it requires the Citizen
to
give up his or her natural Right to travel unrestricted in order to accept the
privilege. The purported goal of this statute could be met by much less oppressi
ve
regulations, i.e., competency tests and certificates of competency before using
an
automobile upon the public roads. (This is exactly the situation in the aviation
sector.)
But isn't this what we have now?
The answer is No! The real purpose of this license is much more insidious. When
one
signs the license, he/she gives up his/her Constitutional Right to travel in ord
er to accept and
exercise a privilege. After signing the license, a quasi-contract, the Citizen h
as to give the
state his/her consent to be prosecuted for constructive crimes and quasi-crimina
l actions
where there is no harm done and no damaged property.
These prosecutions take place without affording the Citizen their Constitutional
Rights
and guarantees, such as, the Right to a trial by jury of twelve persons and the
Right to
counsel, as well as the normal safeguards such as proof of intent and a corpus d
elicti and a
grand jury indictment. These unconstitutional prosecutions take place because th
e Citizen is
exercising a privilege and has given his/her implied consent to legislative enactm
ents
designed to control interstate commerce, a regulatable enterprise under the poli
ce power of
the state.
We must now conclude that the Citizen is forced to give up Constitutional guaran
tees of
Right in order to exercise his state privilege to travel upon the public highways in
the
ordinary course of life and business.
Surrender of Rights
A Citizen cannot be forced to give up his/her Rights in the name of regulation.
 the only limitations found restricting the right of the state to condition the us
e of the public
highways as a means of vehicular transportation for compensation are (1) that th
e state must
not exact of those it permits to use the highways for hauling for gain that they
surrender any of
their inherent U.S. Constitutional Rights as a condition precedent to obtaining
permission for
such use [emphasis added] Riley vs. Laeson, 142 So. 619; Stephenson vs. Binford,
supra.
If one cannot be placed in a position of being forced to surrender Rights in ord
er to
exercise a privilege, how much more must this maxim of law, then, apply when one
is simply
exercising (putting into use) a Right?
To be that statute which would deprive a Citizen of the rights of person or prope
rty, without a
regular trial, according to the course and usage of the common law, would not be
the law of
the land. Hoke vs. Henderson, 15 NC 15.
Policy Manual
and
We find it intolerable that one Constitutional Right should have to be surrendere
d in order to
assert another. Simons vs. United States, 390 US 389.
Since the state requires that one give up Rights in order to exercise the privil
ege of
driving, the regulation cannot stand under the police power, due process, or reg
ulation, but
must be exposed as a statute which is oppressive and one which has been misappli
ed to
deprive the Citizen of Rights guaranteed by the United States Constitution and t
he state
constitutions.
Taxing Power
Any claim that this statute is a taxing statute would be immediately open to seve
re
Constitutional objections. If it could be said that the state had the power to t
ax a Right, this
would enable the state to destroy Rights guaranteed by the constitution through
the use of
oppressive taxation. The question herein, is one of the state taxing the Right t
o travel by the
ordinary modes of the day, and whether this is a legislative object of the state
taxation.
The views advanced herein are neither novel nor unsupported by authority. The qu
estion of
taxing power of the states has been repeatedly considered by the Supreme Court.
The Right
of the state to impede or embarrass the Constitutional operation of the U.S. Gov
ernment or
the Rights which the Citizen holds under it, has been uniformly denied. McCulloch
vs.
Maryland, 4 Wheat 316.
The power to tax is the power to destroy, and if the state is given the power to
destroy
Rights through taxation, the framers of the Constitution wrote that document in
vain.
It may be said that a tax of one dollar for passing through the state cannot sens
ibly affect
any function of government or deprive a Citizen of any valuable Right. But if a
state can tax
a passenger of one dollar, it can tax him a thousand dollars. Crandall vs. Nevada
, 6 Wall 35,
46.
and
If the Right of passing through a state by a Citizen of the United States is one
guaranteed by
the Constitution, it must be sacred from state taxation. Ibid., p.47.
Therefore, the Right of travel must be kept sacred from all forms of state taxat
ion and if
this argument is used by the state as a defense of the enforcement of this statu
te, then this
argument also must fail.
Conversion of a Right to a Crime
As previously demonstrated, the Citizen has the Right to travel and to transport
his
property upon the public highways in the ordinary course of life and business. H
owever, if
one exercises this Right to travel (without first giving up the Right and conver
ting that Right
into a privilege) the Citizen is by statute, guilty of a crime. This amounts to
converting the
exercise of a Constitutional Right into a crime.
Recall the Miller vs. U.S. and Snerer vs. Cullen quotes from page 178, and,
The state cannot diminish Rights of the people. Hurtado vs. California, 110 US 516
.
The Right to Travel
and
Where rights secured by the Constitution are involved, there can be no rule makin
g or
legislation which would abrogate them. Miranda, supra.
Indeed, the very purpose for creating the state under the limitations of the con
stitution was
to protect the rights of the people from intrusion, particularly by the forces o
f government.
So we can see that any attempt by the legislature to make the act of using the p
ublic
highways as a matter of Right into a crime, is void upon its face.
Any person who claims his Right to travel upon the highways, and so exercises th
at Right,
cannot be tried for a crime of doing so. And yet, this Freeman stands before thi
s court today
to answer charges for the crime of exercising his Right to Liberty.
As we have already shown, the term drive can only apply to those who are employed
in
the business of transportation for hire. It has been shown that freedom includes
the Citizen's
Right to use the public highways in the ordinary course of life and business wit
hout license or
regulation by the police powers of the state.
Conclusion
It is the duty of the court to recognize the substance of things and not the mer
e form.
The courts are not bound by mere form, nor are they to be misled by mere pretense
s. They
are at liberty indeed they are under a solemn duty to look at the substance of t
hings,
whenever they enter upon the inquiry whether the legislature has transcended the
limits of its
authority. If, therefore, a statute purported to have been enacted to protect th
e public
safety, has no real or substantial relation to those objects or is a palpable in
vasion of Rights
secured by the fundamental law, it is the duty of the courts to so adjudge, and
thereby give
effect to the Constitution. Mulger vs. Kansas, 123 US 623, 661.
and
It is the duty of the courts to be watchful for the Constitutional rights of the
citizen and against
any stealthy encroachments thereon. Boyd vs. United States, 116 US 616.
The courts are duty bound to recognize and stop the stealthy encroachments which
 have
been made upon the Citizen's Right to travel and to use the roads to transport h
is property in
the ordinary course of life and business. (Hadfield, supra.)
Further, the court must recognize that the Right to travel is part of the Libert
y of which a
Citizen cannot be deprived without specific cause and without the due process of
law
guaranteed in the Fifth Amendment. (Kent, supra.)
The history of this invasion of the Citizen's Right to use the public highways sho
ws
clearly that the legislature simply found a heretofore untapped source of revenu
e, got greedy,
and attempted to enforce a statute in an unconstitutional manner upon those free
and natural
individuals who have a Right to travel upon the highways. This was not attempted
in an
outright action, but in a slow, meticulous, calculated encroachment upon the Cit
izen's Right
to travel.
Policy Manual
This position must be accepted unless the prosecutor can show his authority for
the
position that the use of the road in the ordinary course of life and business is a
privilege.
To rule in any other manner, without clear authority for an adverse ruling, will
infringe
upon fundamental and basic concepts of Constitutional law. This position, that a
Right cannot
be regulated under any guise, must be accepted without concern for the monetary
loss of the
state.
Disobedience or evasion of a Constitutional Mandate cannot be tolerated, even tho
ugh such
disobedience may, at least temporarily, promote in some respects the best intere
sts of the
public. Slote vs. Examination, 112 ALR 660.
and
Economic necessity cannot justify a disregard of Constitutional guarantee. Riley v
s. Carter,
79 ALR 1018; 16 Am.Jur. (2nd), Const. Law, Sect.81.
and
Constitutional Rights cannot be denied simply because of hostility to their asser
tions and
exercise; vindication of conceded Constitutional Rights cannot be made dependent
upon any
theory that it is less expensive to deny them than to afford them. Watson vs. Mem
phis,375
US 526.
Therefore, the Court's decision in the instant case must be made without the iss
ue of cost
to the state being taken into consideration, as that issue is irrelevant. The st
ate cannot lose
money that it never had a right to demand from the Sovereign People.
Finally, we come to the issue of public policy. It could be argued that the licensi
ng
scheme of all persons is a matter of public policy. However, if this argument is us
ed, it too
must fail, as:
No public policy of a state can be allowed to override the positive guarantees of
the U.S.
Constitution. 16 Am.Jur. (2nd), Const. Law, Sect.70.
So even public policy cannot abrogate this Citizen's Right to travel and to use th
e public
highways in the ordinary course of life and business.
Therefore, it must be concluded that:
 We have repeatedly held that the legislature may regulate the use of the highways
for
carrying on business for private gain and that such regulation is a valid exerci
se of the police
power. Northern Pacific R.R. Co.,supra.
and
The act in question is a valid regulation, and as such is binding upon all who us
e the highway
for the purpose of private gain. Ibid.
Any other construction of this statute would render it unconstitutional as appli
ed to this
Citizen or any Citizen. The Accused therefore moves this court to dismiss the ch
arge against
him, with prejudice.
This ends the legal brief.
The Right to Travel
In addition:
Since no notice is given to people applying for driver's (or other) licenses tha
t they have a
perfect right to use the roads without any permission, and that they surrender v
aluable rights
by taking on the regulation system of licensure, the state has committed a massi
ve
construction fraud. This occurs when any person is told that they must have a li
cense in order
to use the public roads and highways.
The license, being a legal contract under which the state is empowered with poli
cing
powers is only valid when the licensee takes on the burdens of the contract and
bargains away
his or her rights knowingly, intentionally, and voluntarily.
Few know that the driver's license is a contract without which the police are po
werless to
regulate the people's actions or activities.
Few if any licensees intentionally surrender valuable rights. They are told that
they must
have the license. As we have seen, this is not the case.
No one in their right mind voluntarily surrenders complete liberty and accepts i
n its place
a set of regulations.
The people never give up their liberties but under some delusion. Edmund Burke, 17
84.
Policy Manual
194
A New Identity

There are many legitimate reasons why people might want to create a new or secon
d
identity. Many people do it for security or aesthetic reasons. The government he
lps people in
the witness protection program or foreign intelligence defector s to obtain a new
identity to
protect them from other people who might seek revenge. Many immigrants change th
eir
names when they discover that the people of their new home can t pronounce their n
ame or
that the pronunciation sounds bad. For example, Iva Oduré had a wonderful name in
her
homeland, but after some time in American she decided to change her first name t
o Nancy.
And, of course, we all know those famous movie stars, such as, Marion Morrison,
Archibald
Leach and Issur Danielovich never use their real names on stage (these people ar
e better
known as John Wayne, Cary Grant and Kirk Douglas). And, as you might expect, the
re are
also those who change their name hoping to hide their past or because they want
to avoid
getting caught by the police.
Creating a new identity is much more than simply changing your name. It is the p
rocess of
creating a new legal person, including official documents, banking, credit and p
rofession.
Often the process even includes creating a new family and life history. This is
a complex task
that, for most individuals, requires a lot of research and time. While the gover
nment may be
able to research and inject a new identity and life history into the system, few
individuals
have that ability. The complexity of the task can also be related to your reason
for wanting a
new identity. For example a fake ID might get an under-aged teen drinks at a bar
, but if you
expect it to pass muster at a traffic stop, you had better make sure it was issu
ed by the State
and it is a whole lot easier to order a fake ID from some theatrical props compa
ny than to
get the State to issue you new documents under a different name.
Regardless of your reason for creating a new identity, it is best done slowly an
d carefully
before a real need arises. This is best done by creating that new identity and t
hen developing
a low-profile life over several years. This section gives you some ideas about o
btaining
various official documents that you can use to obtain other documents that help
you create a
new and real identity that will pass muster with any official agency.
Fake IDs are Dangerous
Too many people assume that creating a new identity involves obtaining and using
fake
IDs. During our late teens, many of us were successful at passing fake IDs off a
t a liquor store
for a case of beer. Perhaps it is because of our pervious experience that we lim
it our thinking
to fake IDs and thus avoid involving ourselves in a second identity because we n
ow
understand some of the inherent dangers associated with a fake ID. While a high-
quality fake
ID, such as some available for theatrical props, may have occasionally fooled a
traffic cop or
Policy Manual
bank teller in the 1960s, it will get a ticket to jail today when it fails an on
line instant
verification check.
Certainly high-quality fake IDs can help you open a postal drop account which ma
y serve
useful for preserving anonymity while providing a mailing address for your soon
to arrive
official documents. Fake IDs have very little value beyond limited application s
uch as this.
You would do better to avoid obtaining fake ID simply because of their high-cost
and
limited use.
Getting a New Birth Certificate
An official, State issued birth certificate is probably the easiest document to
obtain. For a
fee and with the correct information any county recorder s office or State agency
will issue
you a certified birth certificate. Since birth certificate documents are the eas
iest to get, you
might also guess that they are the most abused of identification documents, as s
uch they have
only limited use. Most public officials know well that a certified birth certifi
cate is indeed a
real official document and they also understand that it may be documenting the b
irth of
someone other than the person holding it.
The process is rather simple, but does take some research effort. Ideally, you n
eed a
candidate that has a clean past. This is best done by obtaining the birth certif
icate for a child
who died very young. However, because this method is so overused, some care must
be
asserted so that you don t assume the identity of someone who has already been bor
rowed.
Begin your search at a public library that maintains a good archive of old newsp
apers.
Most large libraries have these on microfilm. Search the obituaries for babies a
nd young
children who are the same sex as you, who died two to three years before and aft
er your own
birth. Make as through a list as possible because you are going to weed out most
of them
during your screening process.
Next take your list to the country recorders office for the county in which the d
eath
occurred. You can also do death searches at you local county recorder s office if
you wish to
reduce the effort of the first step. All county recorders offices allow public ac
cess to their
microfilm records. At the county recorder s office you will view a copy of the dea
th
certificates for each name on your list so that you can screen out inappropriate
people.
Specifically, you are looking for people who match your race and who died in a S
tate other
than their State of birth. This is important because, for example, if you are bl
ack, then you
probably don t want a certificate for a white baby. The State issue is important b
ecause States
do not trade this kind of information. So far as the State of birth is concerned
, this person is
still living.
Either make a copy of the death certificate or write down all of the information
from the
certificate. Death certificates will always list the date of birth, the state an
d often the county
of birth. It also gives the names of both parents and sometimes their addresses
as well.
A New Identity
Hopefully this search will net several qualified candidates for your new identit
y. Next you
need to obtain copies of each person s birth certificate. If you are lucky, the de
ath certificate
gave you all of the information needed.
Ordering a Birth Certificate
Many State agencies that process requests for a certified copy of a birth certif
icate only
honor such a request when it come from the responsible person. That is, they won t
send you
a copy of somebody else s birth certificate. The applicant for a birth is sometime
s expected to
provide a photocopy of a photo identification with their signature (if available
) when
applying for a certified copy of a birth certificate. Check with Table 47 to see
what the
requirements are for each State. You should provide only the minimally required
data.
Additionally, the request, which may usually be in the form of a letter should p
rovide the
following information, as appropriate:
Table 46 Information Needed with a Birth Certificate Request
Item Content
Certificate holders name This must be the name on the birth certificate. Since y
ou are
ordering your own birth certificate, it should also be your name.
Date of birth The date of birth recorded on the birth certificate.
Place of birth Specifically the city and county of birth.
Mother's full maiden
name
Your mother s name before she married.
Father's full name Your father s name, if known.
Applicant's relationship to
certificate holder
Since you are ordering a copy of your own birth certificate, you say
something like a copy of my birth certificate.:
Reason certificate is
needed
The reason you need a new copy of your birth certificate may be as
simple as lost my original copy. Most people need a certified copy
because they lost their original and some government agency,
such as driver s license, passport, FCC or a special job application
requires it. Be sure that your reason is reasonable.
Number of copies needed Usually people only order one copy.
The signature of applicant Sign your request letter with the name of the certifi
cate holder.
Applicant's return mailing
address
Be sure to provide them with the name, address, city, state and zip
code for where they are to send the certificate. Often this is
accomplished by providing a stamped-self-addressed-envelope.
Policy Manual
Table 47 Address and Cost of Where to Send Your Birth/Death Certificate Request
State Mailing Address Cost Comments
Alabama Center for Health Statistics
PO Box 5625
Montgomery, AL 36103-5625
(334) 206-5418
$12.00
Alaska Bureau of Vital Statistics
Dept of Health and Social Services
P.O. Box 110675
Juneau, AK 99811-0675
(907) 465-3392
$10.00
Arizona Vital Records Section
Arizona Dept of Health Svcs
P.O. Box 3887
Phoenix, AZ 85030-3887
(602) 255-3260
$9.00 for
Long Birth
Certificate
Applicants must submit a copy of
picture identification or have
their request notarized and
provide a family tree sketch to
illustrate the family connection
and possibly provide proof of
family connection such as a birth
certificate.
Arkansas Arkansas Dept of Health
Division of Vital Records
4815 West Markham Street, Slot 44
Little Rock, AR 72205
(800) 637-9314 toll free
(501) 661-2726
$5.00 Tight restrictions on who can
have copies. A family member
must complete and sign an
application available from the
division.
California Office of Vital Records
304 'S' Street
P.O. Box 730241
Sacramento, CA 94244-0241
Recording: (916) 445-2684
$12.00 When requesting please include
the full name, father's full name,
mother's full maiden name, date
of birth and city or county of
birth.
Colorado Vital Records Office
Colorado Dept of Health
4300 Cherry Creek Dr South
Denver, CO 80246-1530
Recording: (303) 756-4464
$15.00 The certificate must be your own
or that of an immediate family
member. Include reason for
request and relationship to
person on certificate.
Connecticut Health Dept Vital Records
410 Capitol Ave., 1st Floor
Hartford, CT 06134
(860) 509-7897
$5.00
Delaware Office of Vital Statistics
Division of Public Health
P.O. Box 637
Dover, DE 19903
(302) 739-4721
$6.00
Florida Office of Vital Statistics, Dept of Health
P.O. Box 210, 1217 Pearl Street
Jacksonville, FL 32231
(904) 359-6900
$9.00
Georgia Vital Records Service
State Dept of Human Resources
47 Trinity Avenue SW, Room 217-H
Atlanta, GA 30334
(404) 656-4750
$10.00 Georgia law and Department
Regulation limits access to these
documents to the person named
and parents shown on the birth
records, and the authorized legal
guardian or agent, grandparent,
adult child, or spouse.
A New Identity
State Mailing Address Cost Comments
Hawaii State Dept of Health
Office of Health Status Monitoring
Vital Records Section
P. O. Box 3378
Honolulu, HI 96801
(808) 586-4533 recording
$10.00
Idaho Idaho Center for Vital Statistics
450 W. State St., 1st Floor
PO Box 83720
Boise, ID 83720
(208) 334-5983
$10.00 Idaho requires a copy of a
picture ID, or copies of two forms
of ID that have your signature
such as a cancelled check and
social security card.
Illinois Division of Vital Records
535 West Jefferson Street
Springfield, IL 62761
(217) 782-6554
$15.00 for
long birth
certificate
Indiana Vital Records Department
Indiana State Department of Health
2 North Meridian Street
Indianapolis, IN 46204
(317) 233-2700
$6.00 Include a photo-copy of personal
identification with your request.
Full name at birth, date and
place of birth. Full name of father
and mother's maiden name.
Iowa Iowa Department of Public Health
Bureau of Vital Records
Lucas State Office Building, 1st Floor
Des Moines, IA 50319-0075
(515) 281-4944 recording
$10.00
Kansas Office of Vital Statistics
900 S W Jackson
Topeka, KS 66612
(785) 296-1400
$10.00
Kentucky Office of Vital Statistics
275 East Main Street
Frankfort, KY 40621
(502) 564-4212
$9.00
Louisiana Vital Records Registry
PO Box 60630
New Orleans, LA 70160
(504) 568-5172
$15.00
Maine Office of Vital Statistics
Department of Human Services
State House Station 11
Augusta, ME 04333-0011
(207) 287-3181
$10.00
Maryland Division of Vital Records
P.O. Box 68760
4201 Patterson Avenue
Baltimore, MD 21215-0020
(410) 764-3069
$8.00
Massachusetts Bureau of Health Statistics, Research and
Evaluation
Registry of Vital Records and Statistics
470 Atlantic Avenue, 2nd Floor
Boston, MA 02210
(617) 753-8600
$11.00
Michigan Vital Records Requests
Michigan Dept of Community Health
3423 N. Martin Luther King Blvd
P. O. Box 30195
Lansing, MI 48909
(517) 335-8666
$13.00
Policy Manual
State Mailing Address Cost Comments
Minnesota Minnesota Department of Health
Birth and Death Records
717 Delaware Street, SE
P.O. Box 9441
Minneapolis, MN 55440
(612) 676-5120
$14.00
Mississippi Vital Records, State Dept of Health
2423 North State Street
P.O. Box 1700
Jackson, MS 39215
(601) 576-7960
$12.00 for
long
certificate
Missouri Bureau of Vital Records
Missouri Department of Health
P.O. Box 570
920-930 Wildwood
Jefferson City, MO 65102-0570
(573) 751-6400
$10.00
Montana DPHHS/Vital Records
P. O. Box 4210
111 North Sanders
Helena, MT 59604-4210
(406) 444-4228
$10.00 Copies of death and birth
records that are less than thirty
years old can be obtained only
by the Mother, Father, Spouse
or Child of the individual for
whom the record is requested.
Nebraska Nebraska Health & Human Services System
Vital Statistics
P.O. Box 95065
301 Centennial Mall South
Lincoln, NE 68509
(402) 471-2871
$8.00
Nevada Division of Health/Vital Statistics
505 East King Street, Rm #102
Carson City, NV 89710
(775) 684-4242
$11.00
New Hampshire Bureau of Vital Records
6 Hazen Drive
Concord, NH 03301
(603) 271-4651
$12.00
New Jersey New Jersey State Department of Health and
Senior Services
Bureau of Vital Statistics
PO Box 370
Trenton, NJ 08625-0370
(609) 292-4087
$4.00
New Mexico New Mexico Vital Records and Health Statistics
P.O. Box 26110, 1105 St. Francis Dr.
Santa Fe, NM 87502
(505) 827-0121
$10.00
New York New York State Dept of Health
Vital Records Section
Genealogy Unit
P.O. Box 2602
Albany, NY 12220-2602
(518) 474-3077
$15.00
North Carolina North Carolina Vital Records
1903 Mail Service Center
Raleigh, NC 27699-1903
(919) 733-3000
$10.00 For birth certificates full names
of parents, including mother's
maiden name, must be given.
A New Identity
State Mailing Address Cost Comments
North Dakota Division of Vital Records
State Capitol
600 East Boulevard Avenue
Bismarck, ND 58505
(701) 328-2360
$7.00
Ohio Ohio Department of Health
State Vital Statistics Unit
246 N High Street
P.O. Box 15098
Columbus, OH 43215-0098
(614) 466-2531
$7.00
Oklahoma Vital Records Service
Oklahoma State Dept of Health
1000 Northeast Tenth, Room 117
Oklahoma City, OK 73117
(405) 271-4040
$5.00 Birth certificates to the person or
the parent of the person named.
Oregon Oregon Vital Records
PO Box 14050
Portland, OR 97293
(503) 731-4108
$15.00
Pennsylvania Vital Records, State Dept of Health
P.O. Box 1528
101 South Mercer Street
New Castle, PA 16103
(724) 656-3100
$4.00 Access to birth and death
certificates is limited to next of
kin.
Rhode Island Rhode Island Dept of Health
3 Capitol Hill, Rm. 101
Providence, RI 02908-5097
(401) 222-2811
$15.00
South Carolina Office of Vital Records
2600 Bull Street
Columbia, SC 29201
(803) 898-3630
$12.00
South Dakota Vital Records, Dept of Health
600 East Capitol
Pierre, SD 57501-2536
(605) 773-4961
$7.00
Tennessee Tennessee Vital Records
Central Services Building, 1st Floor
421 5th Avenue North
Nashville, TN 37247-0450
(615) 741-1763
$10.00 for
long
certificate
Texas Bureau of Vital Statistics, Dept. of Health
P. O. Box 12040
Austin, TX 78711-2040
(512) 458-7111
$11.00 Requests for certificates of births
that occurred within the last 50
years must also include the full
names of the subject's mother
and father (including the
mother's maiden name), your
reason for obtaining the
certificate, and your relationship
to the subject.
Utah Bureau of Vital Records
Utah Dept. of Health
PO BOX 141012
Salt Lake City, UT 84114-1012
(801) 538-6380
$12.00
Policy Manual
State Mailing Address Cost Comments
Vermont Vermont Department of Health
Vital Records Section
P.O. Box 70
108 Cherry Street
Burlington, VT 05402
(802) 863-7275
$7.00
Virginia Virginia Department of Health
Office of Vital Records
P.O. Box 1000
Richmond, VA 23218-1000
(804) 225-5000
$8.00
Washington Washington Dept. of Health
Center for Health Statistics
P.O. Box 9709
Olympia, WA 98507-9709
(360) 236-4300 Info
$13.00
West Virginia Vital Registration, Division of Health
State Capitol Complex
Bldg. 3, Rm. 513
Charleston, WV 25305
(304) 558-2931
$5.00
Wisconsin Wisconsin Division of Health
Vital Records
P.O. Box 309
1 West Wilson Street, Rm 158
Madison, WI 53701
(608) 266-1371
$12.00 Include a letter noting
relationship of person on
certificate to person requesting
certificate; reason for requesting
the certificate; full name of
person on certificate; date of
birth or death; city/county of
event; parents name including
mother's maiden name for a birth
record; for death records
including age at time of death or
social security number is helpful
but not necessary; be sure to
sign the letter of request; include
a self-addressed stamped
envelope.
Wyoming Vital Records Services
Hathaway Building
Cheyenne, WY 82002
(307) 777-7591
$12.00
Get a World Passport
The World Passport is not really an officially created or recognized document. I
t
originated with a small private group founded in 1975 as the Association of Worl
d Citizens.
They are closely affiliated with two other private political lobby groups, the W
orld
Government Organization Coalition and the World Government of World Citizens. Ev
en
though you are not likely to agree with their political agenda to promote a one-w
orld
government through citizen advocacy, you may still want to obtain the very well d
one
document. The document is of sufficient quality as to fool most people, bureaucr
at and many
government agencies into accepting it as real. The World Passport is about $45.0
0 making it
affordable.
A New Identity
Order an application (free) from the following address:
WSC International World Information Center
2333 Kapiolani Boulevard, Suite 605
Honolulu, Island of Oahu
The Hawaiian Islands
Telephone: (808) 388-2872
About the World Passport
The World Passport is a 40-page document printed in seven (7)

languages: English, French, Spanish, Russian, Arabic, Chinese and

Esperanto (International Language). Each page is numbered; each page contains th
e World
Citizen Logo as background. Four pages are reserved for affiliate identification
s: diplomatic
corps, organizations, firms, etc. There are twenty-five visa pages. Inserted in
the back cover
is a complete medical history with blood type, vaccination record, allergies, et
c. There is also
space for home addresses of next of kin, doctor, insurance, driving license numb
er and
national passport/identity number. The cover is blue with gold lettering.
The World Passport represents the inalienable human rights of Freedom of travel
on
planet earth. Therefor it is premised on the fundamental oneness or unity of the
human
community.
Legal Validity and Usage of the World Passport
A passport gains credibility only by its acceptance by authorities other than th
e issuing
agent. The de jure (official) and de facto (case by case) acceptance of the Worl
d Passport is
the world customary law basis for the passport. The customary law validity deriv
es from the
acceptance or recognition of the Passport by governmental entities.
Yet even if no nation-state ever recognized the validity of the Passport, the Wo
rld Passport
still would be valid based on Article 13, Section (1) and (2), of the Universal
Declaration of
Human Rights which the United Nations adopted and proclaimed December 10, 1948.
Article 13 (1) of the Universal Declaration of Human Rights states: Everyone has
the right
to freedom of movement and residence within the borders of each state, and Articl
e 13 (2)
states: Everyone has the right to leave any country, including his own, and to re
turn to his
country. The World Passport also derives its world human rights law basis from do
cuments
such as the 1951 Convention and the 1967 Protocol Relating to the Status of Refu
gees, the
International Covenant on Civil and Political Rights, as well as other regional
and
multilateral agreements.
Tens of thousands of people throughout the World have used their World Passport
to
travel, whether or not a consular official at an embassy recognizes your World P
assport does
not determine the validity of the passport. The fact that the World Passport is
accepted de jure
(officially) by six (6) countries Burkina Faso, Ecuador, Mauritania, Togo, Tanza
nia and
Zambia and has been accepted on a de facto (case by case) basis by 162 countries
establishes
the validity of the World Passport.
The World Passport differs from national passports because the World Passport id
entifies
the bearer as a human being rather than as a national subject. Despite the fact
that all Member
Policy Manual
States of the United Nations are obligated to uphold and respect human rights (A
rticles 55
and 56 UN Charter) all violate them in practice by virtue of their national excl
usivity.
Therefore, although everyone has a right to travel anywhere in the world, there
is no
guarantee that the nation-state will uphold this right. Thus, the World Passport
is a tool to
help facilitate their realization of human rights--specifically their right to t
ravel. We focus on
the right to travel because it is often the basis for the attainment of other ri
ghts, such as
freedom from torture, persecution, arbitrary imprisonment, and discrimination, a
s well as the
right to due process. It is our suggestion to all World Passport holders that fi
rst attain a visa
from a country that has granted de jure (official) acceptance: Burkina Faso, Ecu
ador,
Mauritania, Togo, Tanzania or Zambia. Obtaining a visa does not oblige you to vi
sit that
country. However, the fact that you have obtained visas from any country gives i
mmediate
credibility to the Passport in the eyes of officials from more difficult-to-ente
r countries such
as the United States
Get an International Driver s License
The International Driver s License is technically called an International Driving
Permit in
most countries. The International Driving Permit is the latest rage on the Inter
Net among
people promoting sovereignty gimmicks. Many of these groups sell these documents
for
upwards of $300.00 which is a really big rip-off even bigger when they fail to t
ell that
it is only valid in the United States if you have a foreign driver s license. Most
government
agencies, including foreign government sell these officially recognized document
s for less
$40.00. You can get one from your auto club (for driving in countries other than
the United
States) for around $10.00. To be valid in any accepted country, an International
Driving
Permit must be accompanied by a foreign driver s license. That is, you must also p
ossess a
valid driver s license from the country who issued the International Driving Permi
t by
itself the permit is not valid. This means that if you expect to drive legally i
n the United
States with an International Driving Permit, then you must also possess a valid
driver s
license from the country who issued you the International Driving Permit.
The United Nations, in the Convention on International Road Traffic on September
19,
1949, established the International Driving Permit to facilitate the worldwide t
ravel of
motorists in foreign countries where language barriers create difficulties for b
oth motorists
and police. It has been ratified by more than 160 nations.
The Permit is a booklet about the size of a passport. It is printed in
nine languages: English, French, German, Spanish, Arabic,
Russian, Italian, Chinese and Swedish. It explains that the
motorist has a driving license from his permanent place of
residence. The Permit has been so widely used for more than forty
years that is recognized everywhere in the world.
The United Nations itself does not issue driving permits. In order
to implement this document for the motorist, it was decided that it
should be issued by certain authorized travel associations within
each nation.
A New Identity
Having an International Driving Permit does not authorize you to break the law o
r
endanger public safety. The holder of an International Driving Permit is presume
d to be
bound under the Convention of International Road Traffic of September 19, 1949.
That is,
you must be qualified, and obey all the rules of the road in every country or st
ate it is used.
The International Driving Permit is not a so-called silver bullet against traffic
citations. If
you happen to get a traffic citation (and deserved it), then pay the fine and st
op doing
whatever it was that got you the citation. The holder of an International Drivin
g Permit is also
responsible for any property damage he or she may cause.
The International Driving Permit is recognized in 168 countries. An American-iss
ued
International Driving Permit is accorded varying degrees of recognition. Many co
untries
honor it for up to three months, but enforcement is uneven, so a country may req
uire an
international driving permit officially, but not in practice.
International Driving Permits are intended for tourists. It is very important to
realize that
for an International Driving Permit to be valid in your State or country, you mu
st have a
driver s license issued from your state or country or a car registered in your nam
e. State
issued licenses supersede an International Driving Permit in the State or countr
y where they
are being used. So, if you are ever stopped, your tags and name are run through
the local
department of motor vehicle computers. If the name on your International Driving
Permit
matches that in departments records, then you are a resident and not a tourist.
However, beyond that legal technically, the International Driving Permit does ca
rry a lot
of weight with people who are unfamiliar with them. They are available through t
ravel clubs,
foreign embassies and foreign motor vehicle offices for very low cost usually ar
ound
$10.00.
Get a Foreign Driver s License
Other than a State issued driver s license, the next most useful documents you can
have
for driving in the United States are 1) a foreign driver's license, and 2) an In
ternational
Driving Permit. A traffic officer is very likely to not issue a ticket if you ha
ve these two
documents and you are stopped for a minor infraction. However, a major infractio
n will
likely end you in jail since the officer, thinking you are a foreign tourist, kn
ows that you will
not attend court or pay the fine.
You can often obtain a foreign driver s license by first getting your American Pas
sport.
Secondly get the passport stamped with every free visa you can (this will take s
ome web time
visiting foreign embassies to get their mailing address your reason for wanting
visa tell
them you are planning a world vacation and hope to visit as many countries as po
ssible,
including theirs). When you send them your passport for the visa stamp, include
a copy of
your current driver's license and ask them to issue you a national driver's lice
nse (for their
country). Many countries won't do this, several will charge you a little, and a
few will give
you a license for free. (Most embassies have no policy regarding the issuance of
driver s
license, so getting the driver s license usually depends more on the clerk who ope
ns your
letter, rather than any policy they do this because it encourages foreign touris
t spending.)
Once, you have the foreign driver's license go back to that embassy and ask for
an
International Driving Permit.
Policy Manual
Obtaining a Second Citizenship
The multiple jurisdiction of citizenship is just one of many
good reasons to obtain a second passport. Believe it not, there
are many countries that actually sell people citizenship and will
issue you all of the documents to which any other citizen is
entitled, including a national ID card and passport. With
appropriate heritage, some of these countries provide this
service for a very low price, sometimes free.
These are countries where their laws provide for the
government to waive the usual residency requirement in return
for an applicant providing some economic benefits to the
country. The economic benefit usually entails investment in
some government approved projects or a specific payment to
the government.
The following list is the most common of these countries:
Table 48 Countries Providing Second Citizenship Programs

Country Price
Australia $50,000
Austria $1,000,000
Belize Check with embassy
Canada $50,000
British West Indies (fake) An impressive looking document (as shown above) that
does fool many people but there is no real country call
the British West Indies.
Cape Verde Check with embassy
Chad $6,000
Channel Islands $300,000
Columbia Check with embassy
Commonwealth of Dominica Check with embassy
Dominican Republic Check with embassy
European Union $50,000
Grenada Check with embassy
Ireland Check with embassy
Free in some circumstance if you are of Irish decent.
Israel Often free to people of Jewish decent.
Japan $50,000
Liechtenstein $300,000
A New Identity
Country Price
Monaco $300,000
New Zealand $50,000
Portugal Check with embassy
São Tome Check with embassy
Singapore $50,000
St. Kitts and Nevis Check with embassy
Switzerland $300,000
Get a New Social Security Number
Once you have obtained new identity documents, you may (or may not) wish to appl
y for
a social security number to go with your new identity. Simply complete an SS-5,
Application
for Social Security Card, and present it in person to the nearest Social Securit
y
Administration office. They will either assign you a social security number or t
hey will
decline your application.
Be sure to ask them for a Form SSA-L676, Letter of Ineligibility for a SSN,becau
se,as
explained earlier, your new identity can now obtain a new State issued driver slic
ense.
Get a State Issued Driver s License
Once you have established new identity documents, you may want to apply for a ne
w
driver s license. Of course, since your new identity has never had a driver s licens
e before,
you will need to take a driver s test. They may also require you to provide a soci
al security
number or a Form SSA-L676, Letter of Ineligibility for a SSN, from the Social Se
curity
Administration.
Get a Credit Card
The quickest and easiest way to begin a new credit history is by opening a secur
ed credit
card account. Many financial institutions offer these accounts with minimal iden
tification
information and no credit check. The account consists of you depositing an amoun
t of money
into a frozen savings or security account which is held by the financial institu
tion as security
against you not paying your bill. Your credit card limit is established as a fun
ction of the
surety associated with your identity and the amount of money you deposit.
Policy Manual
You credit worthiness increases over time as you continue to pay you monthly acc
ount as
agreed. Eventually they will release your deposit. As your credit worthiness imp
roves, you
want to apply for additional credit with other firms.
Based solely on what you tell them, some financial institutions will offer you a
n account
that is good for some percentage less than your deposit. However, this kind of a
ccount has no
value for establishing credit worthiness since they don t truly know you.
Never Carry Dual Identity
Carrying around ID documents in two different names is really foolish. Many law
enforcement types now routinely go through the wallet or purse of those that fal
l into their
hands. If they find two sets of ID, they ll immediately jump to the conclusion tha
t you are a
wanted felon. Avoid carrying more than one set of identity documents and protect
your other
identity documents with great care.
Sample Letters and Forms

This section contains sample letters and forms that you may reproduce for your p
ersonal
use. We also introduce several new forms that have the look and feel similar to
some familiar
government forms. Notice at the bottom of many forms the term Public Domain Form
. This
is a new concept that we are introducing; please feel free to distribute these f
orm as you wish.
We branded them as Public Domain Form simply because we want them to be consider
ed
useful and usable by everyone.
There are also several forms that are not directly applicable to social security
number
issues, but that you may find useful elsewhere.
Policy Manual
Request for IRS Statement Regarding Penalty
<your name> <date>
<your business name>
<your business address>
<city, state, zip>

Internal Revenue Service

Attention CC: CORP: T

P. O. Box 7604
Ben Franklin Station
Washington, D.C., 20044
Dear Gentle person:
I am writing on behalf of my business. Would you please send a policy letter exp
laining the
policy of waiver of penalty provided by 26 USC §6724(a) pursuant to circumstances
as provided
for in 26 USC §6109(a)(3), 26 USC §6721(a)(2)(B) and §6721(c)(1)(B)?
In the way of explanation, the circumstances are as follows: We are attempting t
o hire an
individual who does not have a Social Security Number, does not believe in Socia
l Insurance on
religious grounds, will not permit anyone to make application for a number on hi
s behalf, and
does not believe in being numbered by TIN of any sort. We wish to accommodate th
is individual s
religious beliefs but do not want to incur a penalty for failure to provide the
IRS with a SSN or
TIN number on his W2 return.
We are of the understanding that 26 USC §6109(a)(3) requires the employer to
REQUEST the number from the employee. If the employee refuses to provide a numbe
r,
regardless of the reason, then a penalty is normally imposed on the employer pur
suant to 26 USC
§6721(a)(2)(B). However, the provisions of 26 USC §6721(c)(1)(B) applies because the
penalty
provided in §6721(a) is only $50.00, which is a de-minimis failure and it would only
amount to
one return for one employee a year. In addition, the employer is able to provide
 an affidavit to the
IRS that it requested the SSN and thus made a good faith effort to obtain the nu
mber and so the
failure to obtain it was due to reasonable cause and not for any wilful neglect by
the employer.
The proposed penalty should thus be waived pursuant toe 26 USC §6724(a).
If you would please send me a general information letter, or policy-letter, expl
aining that
the penalties will be waived if the SSN or TIN number not on the W2 pursuant to
the above IRC
provisions, for reasonable cause, then we will be able to hire this individual a
nd avoid any possible
hiring discrimination based upon his religious beliefs.
Best regards,
<your name>
Sample Letters and Forms
IRS Reply
<your name> <date>
<your business name>
<your business address>
<city, state, zip>

Internal Revenue Service

Attention CC: CORP: T

P. O. Box 7604
Ben Franklin Station
Washington, D.C., 20044
Dear Gentle person:
I am writing on behalf of my business. Please send a policy letter explaining th
e policy of
waiver of penalty provided by 26 USC §6724(a) pursuant to circumstances as provide
d for in 26
USC §6109(a)(3), 26 USC §6721(a)(2)(B) and §6721(c)(1)(B)?
In the way of explanation, the circumstances are as follows: We are attempting t
o hire an
individual who does not have a Social Security Number, does not believe in Socia
l Insurance on
religious grounds, will not permit anyone to make application for a number on hi
s behalf, and
does not believe in being numbered by TIN of any sort. We wish to accommodate th
is individual s
religious beliefs but do not want to incur a penalty for failure to provide the
IRS with a SSN or
TIN number on his W2 return.
We are of the understanding that 26 USC §6109(a)(3) requires the employer to
REQUEST the number from the employee. If the employee refuses to provide a numbe
r,
regardless of the reason, then a penalty is normally imposed on the employer pur
suant to 26 USC
§6721(a)(2)(B). However, the provisions of 26 USC §6721(c)(1)(B) applies because the
penalty
provided in §6721(a) is only $50.00, which is a de-minimis failure and it would only
amount to
one return for one employee a year. In addition, the employer is able to provide
 an affidavit to the
IRS that it requested the SSN and thus made a good faith effort to obtain the nu
mber and so the
failure to obtain it was due to reasonable cause and not for any wilful neglect by
the employer.
The proposed penalty should thus be waived pursuantto26USC §6724(a)
Policy Manual
Request for IRS Opinion Regarding Unenumerated
Employee
<your name> <date>
<your business name>
<your business address>
<city, state, zip>

Department of the Treasury

Internal Revenue Service

P.O. Box 245 DP102G

Bensalem, PA 19020
Dear Gentle person:
I wish to hire a person who claims not to have a social security number. He clai
ms he does not
need one and does not want a social security number (for religious reasons). He
is an American
citizen from birth and has shown me a letter from the Social Security Administra
tion stating,
essentially, that there is no law requiring him to get a social security number.
I wish to hire him
because he has special skills that we need.

I have read 26 CFR 6011(b)-2 and noticed that the law covers several situations
similar to this,
but does not address a situation where the person does not wish to obtain or hav
e a social security
number.
I need assistance in understanding how to proceed. Obviously, I still have certa
in withholding and
reporting requirements, but I am at a loss as to how to do it without a TIN. Can
you give me
some guidance in this area? Do I still withhold FICA, income tax and others? Wha
t do I write in
the SSN/TIN space? ... or do I treat this person like an independent contractor?

Thank you for your time and consideration to this question.

Sincerely,
<your name>
Sample Letters and Forms
IRS Reply
INTERNAL REVENUE SERVICE Department of the Treasury

Philadelphia Customer Service Center

P.O. Box 245 D.P. 5810
Bensalem, PA 19020
I am responding to your letter, dated October 20, 1999, concerning whether an em
ployee
can refuse to give his or her social security number to an employer.
Regulation Section 31.6011(b) provides that all employees who have been issued a
n
account number by the Social Security Administration (SSA) must show the card to
his or
her employer. If the card issued is not available, employees must advise the emp
loyer of
the name and number on the card. However, care must be exercised that the employ
er is
correctly advised of the name and number.
Employees who do not have an account number but have a receipt issued by the SSA
acknowledging that an application for an account number has been received, must
show
the receipt to the employer. Employees who are unable to furnish a number or rec
eipt to
the employer must provide a statement containing the information as found on For
m SS-5,
Application for Social Security Number, including a statement as to whether an a
pplication
has previously been filed. The furnishing of a statement by the employee to the
employer,
however, does not relieve the employee of the obligation to make an application
on Form
SS-5 and file it with SSA. Provisions of the regulation also require that the ap
plication for
an account number be filed within seven days of employment.
Employers must advise prospective employees of the requirement to have or apply
for an
account number. If employees fail or refuse to provide an account number, employ
ers must
attach a signed statement to their Form 941, Employer s Quarterly Federal Tax Retu
rn,
outlining the facts pertinent to the employees. You should withhold all applicab
le taxes,
FICA, Medicare, income tax withholding, etc. If an SS-5 has been secured, it sho
uld be
attached to the Form 941.
The general rule is that an individual is an independent contractor if you, the
payer, have
the right to control or direct only the result of the work and not the means and
methods of
accomplishing the result. You may be interested in obtaining Publication 15-A, E
mployer s
supplemental Tax Guide, by calling our toll-free number, 1-800-829-3676. Please
refer to
page 4, Employee or Independent Contractor, for additional information.
Policy Manual
Request SSA Opinion About Requirement of SSN for
Employment
<your name> <date>
<your business address>
<city, state, zip>

Social Security Administration

Office of Public Inquires
6401 Security Blvd.
Room 4-C-5 Annex
Baltimore, MD 21235

Dear Gentle person:

I have not obtained a social security number because of my beliefs and convictio
ns. I do not wish
to obtain a number.

My employer is threatening to fire me if I do not provide him with a social secu

rity number. He
has stated that I am required to obtain a SSN under 26 USC 6109. However, my rea
ding of that
section only requires me to use the social security account number issued to an i
ndividual ... , I
read nothing in that section that requires me to obtain a SSN.

Can you please provide me a copy of your policy letter that covers the following
issues:
1) that shows the law that specifically mandates an employer to fire employees w
ho do not
have social security numbers.
2) the specific law(s) that require an individual to obtain and have a social se
curity number
for the purpose of employment.
3) what an employer should do when hiring an individual who does not have a SSN.

Sincerely,
<your name>
Sample Letters and Forms
SSA Reply

May 14, 1998

This is in response to your letter of February 25.
We can understand your concern about getting a Social Security number before you
can begin
work. The Internal Revenue Code (26 U.S.C. 6109(a)) and applicable regulations (
26 CFR
301.6109-1(d)) require an individual to get and use Social Security number on ta
x documents and
to furnish that number to any other person or institution (such as an employer o
r a bank) that is
required to furnish to the Internal Revenue Service information about payments t
o the individual.
There are penalties for failure to do so (see 26 U.S.C. 6676(a) and 26 CFR 301.6
676-1).
Section 205(c)(A) of the Social Security Act requires the Social Security Admini
stration to
establish and maintain records of wages and self-employment income for each indi
vidual whose
work is covered under the program. Workers who do not wish to disclose their Soc
ial Security
for any reason should get in touch with the Internal Revenue Service office in t
heir area to explain
their position and receive advice on how to proceed.
We do not have the authority to require an employer to provide or deny employmen
t or services
to anyone who refuses to disclose his or her number. This is a matter between th
e individual and
the employer.
We hope this information is helpful.
Policy Manual
Asking SSA for Which Law Requires a Social Security
Number
<your name> <date>
<your business address>
<city, state, zip>

Social Security Administration

Office of Public Inquires
6401 Security Blvd.
Room 4-C-5 Annex
Baltimore, MD 21235

Dear Gentle person:

Please tell me which laws require a person to obtain or have a social security n
umber.
Best Regards,
<your name>
Sample Letters and Forms
SSA Reply

April 18, 1997

This is in response to your letter concerning the requirement

and use of the Social Security number (SSN).
The Social Security Act does not require a person to have a
Social Security number (SSN) to live and work in the United
States, nor does it require an SSN simply for the purpose of
having one. However, if someone works without an SSN, we
cannot properly credit the earnings for the work performed.
Other laws require people to have and use SSNs for specific
purposes. For example, the Internal Revenue Code (26 U.S.C. 6109
(a)) and applicable regulations (26 CFR 301.6109-1(d)) require an
individual to get and use an SSN on tax documents and to furnish
the number to any other person or institution (such as an
employer or a bank) that is required to provide the Internal
Revenue Service (IRS) information about payments to the
individual. There are penalties for failure to do so. The IRS
also requires employers to report SSNs with employees' earnings.
The requirements for including the SSN as the taxpayer
identification number on individual tax returns and on tax
reports made by employers, banks, and other financial
institutions are set by law or regulations of the Department of
the Treasury. Anyone who has questions or objections to providing
an SSN for these purposes should contact the nearest Internal
Revenue Service office.
Sincerely,

Charles H. Mullen
Associate Commissioner
Office of Public Inquiries
Policy Manual
Reply to Employer s Request to Social Security
Number
<your name> <date>
<your address>
<city, state, zip>

<recipient's name>
<recipient's address>
<recipient's city, state>

Re: Request for Social Security Number

Greetings:
Thank you for your recent inquiry.
The law requires you, as the payor, to request disclosure of my taxpayer identif
ication number. If
I refuse, the law requires you to make a second request stating that disclosure
is required by law
(even though it's not). If I refuse a second time, you are required by law to su
bmit the requested
forms to the IRS, together with an affidavit so stating that you have complied w
ith these
requirements. There is no penalty and there is no 31% withholding rate until dis
closure is made.
Please review 26 USC 6109 and 26 CFR Part 301.6109-1(c), relating to identifying
numbers. The
former $5 penalty was repealed in 1989 because it was never enforced.
I am prepared to sign a release agreement if you still believe there is some lia
bility to your
company.

I hope you'll accept my apologies for any confusion caused because of this misun
derstanding.
Best regards,
<sender>
Sample Letters and Forms
Reply to Request for IRS W-4
<your name> <date>
<your address>
<city, state, zip>

<recipient's company>
Attn: <attorney for company>
<recipient's address>
<recipient's city, state, zip>

Re: Withholding Agreement

Dear Mr. <attorney>:
Thank you for taking a moment to review this correspondence. Mr. <client> has as
ked me to
assist him in renegotiating his withholding agreement with <company>.
Part 31 of Section 3402(p)-1 of the Code of Federal Regulations allows taxpayers
to terminate
withholding agreements upon notice, please see the attached facsimile of this re
gulation.
Please attach Mr. <client>'s statement made pursuant to this regulation to Form
W-4 which he
had previously filed with your company and terminate withholding on the date spe
cified. Mr.
<client> has also indicated to me that he is willing to post an indemnity bond a
nd sign a release
agreement, at his own expense, if you perceive some liability for complying with
this federal
regulation.
Best regards,
<attorney for employee>
Policy Manual
Attachment to Reply
Attachment
Code of Federal Regulations
Revised as of April 1, 1998
CITE: 26CFR31.3402(p)-1

Title 26 Internal Revenue

Chapter I Internal Revenue Service Department Of The Treasury
Part 31--Employment Taxes And Collection Of Income Tax At Source
Subpart E Collection of Income Tax at Source

Sec. 31.3402(p)-1 Voluntary withholding agreements.

(a) In general. An employee and his employer may enter into an agreement under
section 3402(b) to provide for the
withholding of income tax upon payments of amounts described in paragraph (b)(1)
of Sec. 31.3401(a)-3, made after
December 31, 1970. An agreement may be entered into under this section only with
respect to amounts which are
includible in the gross income of the employee under section 61, and must be app
licable to all such amounts paid by the
employer to the employee. The amount to be withheld pursuant to an agreement und
er section 3402(p) shall be
determined under the rules contained in section 3402 and the regulations thereun
der. See Sec. 31.3405(c)-1, Q and A-3
concerning agreements to have more than 20-percent Federal income tax withheld f
rom eligible rollover distributions
within the meaning of section 402.
(b) Form and duration of agreement.
(1) (I) Except as provided in subdivision (ii) of this subparagraph, an employee
who desires to enter into an
agreement under section 3402(p) shall furnish his employer with Form W-4 (withho
lding exemption certificate)
executed in accordance with the provisions of section 3402(f) and the regulation
s thereunder. The furnishing of such
Form W-4 shall constitute a request for withholding.
(ii) In the case of an employee who desires to enter into an agreement under sec
tion 3402(p) with his employer, if
the employee performs services (in addition to those to be the subject of the ag
reement) the remuneration for which
is subject to mandatory income tax withholding by such employer, or if the emplo
yee wishes to specify that the
agreement terminate on a specific date, the employee shall furnish the employer
with a request for withholding which
shall be signed by the employee, and shall contain
(a) The name, address, and social security number of the employee making the req
uest,
(b) The name and address of the employer,
(c) A statement that the employee desires withholding of Federal income tax, and
applicable, of qualified State
individual income tax (see paragraph (d)(3)(I) of Sec. 301.6361-1 of this chapte
r (Regulations on Procedures
and Administration)), and
(d) If the employee desires that the agreement terminate on a specific date, the
date of termination of the
agreement.
If accepted by the employer as provided in subdivision (iii) of this subparagrap
h, the request shall be attached to,
and constitute part of, the employee's Form W-4. An employee who furnishes his e
mployer a request for withholding
under this subdivision shall also furnish such employer with Form W-4 if such em
ployee does not already have a
Form W-4 in effect with such employer.
(iii) No request for withholding under section 3402(p) shall be effective as an
agreement between an employer and
an employee until the employer accepts the request by commencing to withhold fro
m the amounts with respect to
which the request was made.
(2) An agreement under section 3402 (p) shall be effective for such period as th
e employer and employee mutually
agree upon. However, either the employer or the employee may terminate the agree
ment prior to the end of such
period by furnishing a signed written notice to the other. Unless the employer a
nd employee agree to an earlier
termination date, the notice shall be effective with respect to the first paymen
t of an amount in respect of which the
agreement is in effect which is made on or after the first "status determination
date" (January 1, May 1, July 1, and
October 1 of each year) that occurs at least 30 days after the date on which the
notice is furnished. If the employee
executes a new Form W-4, the request upon which an agreement under section 3402
(p) is based shall be attached
to, and constitute a part of, such new Form W-4.
(86 Stat. 944, 26 U.S.C. 6364; 68A Stat. 917, 26 U.S.C. 7805)
[T.D. 7096, 36 FR 5216, Mar. 18, 1971, as amended by T.D. 7577, 43 FR 59359, Dec
. 20, 1978; T.D. 8619, 60 FR
49215, Sept. 22, 1995]
Sample Letters and Forms
Terminating a Withholding Agreement
If you want to address the issue of terminating your withholding agreement with
the
company for which you now work, this is the type of correspondence you can make
to best
resolve the matter.
These letters work best when sent by a third party, such as an attorney. Here ar
e two
companies who can help you with these issues for a reasonable price.
Due Process, Washington Dr. Eduardo M. Rivera
P. O. Box 248 PO Box 1387
Colbert, Washington 99005 Lomita, Calif., 90717
(888) 218-7764 [email protected]
[email protected]
You shouldn t need to send the bond and release agreement forms, but they are incl
uded
so you will have an idea of how they appear, should the attorney prepare them fo
r you.
Termination Letter
<employee's name> <date>
Social Security No. 000-00-0000
<employee's address>
<employee's city, state, zip>
<employee's phone number>

<recipient's company>
Attn: <attorney for company>
<recipient's address>
<recipient's city, state, zip>

Re: Withholding Agreement

Greetings:
This statement is made pursuant to Part 31, Section 3402(p)-1 of the Code of Fed
eral
Regulations, paragraph b. Please terminate our withholding agreement on the last
day of the last
pay period in <month> of <year> and attach this statement to Form W-4 which I ha
ve previously
filed with your company. This change shall terminate on December 31st, <year>. I
do not wish to
have any withholding from my paycheck between the first pay period in [month] an
d December
31, <year>.
Best regards,
<employee's name>
Policy Manual
Release Agreement
Release Agreement
For valuable consideration given, the undersigned hereby agree to the following:

1. releasor agrees to hold harmless, and release releasee , its heirs,

personal representatives, successors, and assigns, jointly and severally, from a
ll liability resulting
from not withholding state and federal income taxes from releasor .
These items include the following taxes, but are not limited to: wage, social se
curity, Medicare,
FUTA, supplemental unemployment compensation benefits, and third-party payments
of sick pay,
state and federal unemployment tax.
2. releasor agrees to incur all liability resulting from releasee , its
heirs, personal representatives, successors, and assigns, jointly and severally,
not withholding state
and federal income taxes from releasor .
These items include the following taxes, but are not limited to: wage, social se
curity, Medicare,
FUTA, supplemental unemployment compensation benefits, and third-party payments
of sick pay,
state and federal unemployment tax.
3. If any provision of this agreement shall be deemed to be null and void, it sh
all not affect any
other provision and reasonable opportunity shall be made by the parties to amend
its terms to bring
this agreement into conformity with the original intent of the bond and this agr
eement.
4. The term of this agreement shall not exceed any length of time beyond the las
t day for the year
in which this agreement becomes effective.
5. releasor shall execute a bond for $ as security for this agreement within
thirty days of the date when this agreement becomes effective.
Releasor Releasee
Be it Remembered, that on this day of , , before me, the subscriber,
a Notary Public in and for the said County and State personally came and
in the forgoing agreement and acknowledged the signing thereof to be their
voluntary act and deed.
In Testimony Thereof, I have hereunto subscribed my name and affixed my notarial
seal on the
day and year last aforesaid.
My Commission Expires:
Notary Public
State of
seal
County of
Public Domain RA(01)
Sample Letters and Forms
Indemnity Bond
Indemnity Bond
I, obligor as principal, and obligee , as surety, is bound to
obligee in the sum of $ for the payment of which I bind myself, my
heirs, personal representatives, successors, and assigns, jointly and severally.

The Condition of this Bond is that obligor shall pay all costs and damages
that obligee sustains in consequence of any claims arising out of the release
agreement herein.
Signed and Sealed on month, day, year .
seal

By:

as Attorney in Fact, as Surety

Public Domain IB(01)

Policy Manual
Voluntary Withholding Agreement
Form W-4T
(Rev. November 1998)
Voluntary Withholding Agreement
Termination or Withdrawal from W-4 agreement
 Voluntary Withholding Agreements 26 C.F.R. §31.3402(p)-1
Employer s name and address Employer identification number
Submitted for:
In lieu of W-4, Employee s Withholding Certificate. Employer will not make any pay
roll

withholding. Employee is responsible for all taxes.

Termination of previous W-4 agreement. Beginning effective on the last day of pa
y period in

enter month of year .

Employee s Liability Release Statement:
I type or print your name here , understand that termination or withdrawal of a
W-4,
Employee s Withholding Certificate, releases the employer from any obligation to m
ake payroll withholdings.
Furthermore, I understand that I am responsible for all taxes due and I release
the employer from any tax
liability associated with this employee.
I certify that the foregoing statement is correct and I release the employer fro
m any withholding obligations
or claims.
Employee s signature

Date

Employee s information
Type or print employee/payee first name and initial Last name Social security nu
mber (write None if you do not have a SSN or
Declined if you do not wish to provide a SSN)
Home address (number and street or rural route)
City or town, State and ZIP code
Sec. 31.3402(p)-1 Voluntary withholding agreements.
(a) In general. An employee and his employer may enter into an agreement under s
ection 3402(b) to provide for the withholding of income tax upon
payments of amounts described in paragraph (b)(1) of Sec. 31.3401(a)-3, made aft
er December 31, 1970.
(b) Form and duration of agreement. (1)(I) Except as provided in subdivision (ii
) of this subparagraph, an employee who desires to enter into an
agreement under section 3402(p) shall furnish his employer with Form W-4 (withho
lding exemption certificate) executed in accordance with the
provisions of section 3402(f) and the regulations thereunder. The furnishing of
such Form W-4 shall constitute a request for withholding.
(c) A statement that the employee desires withholding of Federal income tax, and
applicable, of qualified State individual income tax (see paragraph
(d)(3)(I) of Sec. 301.6361-1 of this chapter (Regulations on Procedures and Admi
nistration)), and
(d) If the employee desires that the agreement terminate on a specific date, the
date of termination of the agreement. If accepted by the employer as
provided in subdivision (iii) of this subparagraph, the request shall be attache
d to, and constitute part of, the employee's Form W-4. An employee who
furnishes his employer a request for withholding under this subdivision shall al
so furnish such employer with Form W-4 if such employee does not
already have a Form W-4 in effect with such employer. (iii) No request for withh
olding under section 3402(p) shall be effective as an agreement
between an employer and an employee until the employer accepts the request by co
mmencing to withhold from the amounts with respect to which the
request was made. (2) An agreement under section 3402 (p) shall be effective for
such period as the employer and employee mutually agree upon.
However, either the employer or the employee may terminate the agreement prior t
o the end of such period by furnishing a signed written notice to the
other. Unless the employer and employee agree to an earlier termination date, th
e notice shall be effective with respect to the first payment of an amount
in respect of which the agreement is in effect which is made on or after the fir
st ``status determination date'' (January 1, May 1, July 1, and October
1 of each year) that occurs at least 30 days after the date on which the notice
is furnished. If the employee executes a new Form W-4, the request upon
which an agreement under section 3402 (p) is based shall be attached to, and con
stitute a part of, such new Form W-4.
Public Domain Form W-4T
Sample Letters and Forms
Reasonable Cause Affidavit by Employer
Form P-1 Reasonable Cause Affidavit by Payor
For Not Obtaining Payee s Identifying Number
 Release From Penalty 26 U.S.C. §6724(a)
Employer s/Payor s name and address Employer identification number
Employer/Payor statement:
I _______________________________, being an officer of _________________________
____________,
hereby state that I have asked for the identifying number of the employee/payee,
_____________________________________ who has declined to provide an identifying
number. I am filing
this affidavit in accordance with 26 USC 6724, waiver of penalty (26 USC 6724(a)
) assessed under the code
upon a showing of reasonable cause, and Treasury Regulation 301.6109-1(c).
I certify that the information stated here is correct and that I asked the emplo
yee/payee for a taxpayer ID
number (Social security number) and that the employee/payee declined to provide
such number.
Employer/Payor signature

Date

Employee/Payee information
Type or print employee/payee first name and initial Last name Social security nu
mber (write None if you do not have a SSN or
Declined if you do not wish to provide a SSN)
Home address (number and street or rural route) Employee/payee statement:
I ____________________________________ have
declined to provide an identifying number to my
employer/payor, __________________________. City or town, State and ZIP code
I certify that the information stated here is correct and the employer/payor did
ask me for a taxpayer ID
number (social security number) and that I declined to provide such number.
Employee/payee signature

Date

26 USC §6724, waiver of penalty (26 USC §6724(a)) assessed under the code upon a sho
wing of reasonable cause, and Treasury
Regulation 301.6109-1(c) Treasury Regulation 301.6109-1(c) provides: .... When t
he person filing the return statement, or other document
does not know the SSN of the other person, and has complied with the request pro
vision of this paragraph, he shall sign an affidavit on
the transmittal document forwarding such returns, statements, or other documents
to the Internal Revenue Service so stating. A payor
is required to request the identifying number of the payee. If after such reques
t has been made, the payee does not furnish the payor with
an identifying number, the penalty ($50.00) will not be assessed against the pay
or, if it is shown that such failure is due to reasonable
cause and not willful neglect. [See also 26 USC §6724, waiver of penalty (26 USC §67
24(a)) assessed under the code upon a showing
of reasonable cause.]
Public Domain Privacy Form P-1 (02) 1999
Policy Manual
Alternate to the I.N.S. Form I-9
Form P-2 Citizen s Notice
of Employment Eligibility
 in lieu of I.N.S. Form I-9 Employment Eligibility Verification
Name and address of Citizen Name and address of Notice Recipient
Citizen s statement:
I, certify that I am a free Citizen of the State of and
am in all ways free and authorized to work unincumbered in any State of the Unit
ed States by the Right of
my natural citizenship.
I certify that the forgoing information stated here is true and correct.
Citizen s signature

Date

Federal law, 8 USC §1324a make it is unlawful for a person or other entity to hire
, or to recruit or refer for a fee, for employment in the
United States an alien knowing the alien is an unauthorized alien with respect t
o such employment, or to hire for employment in the
United States an individual without complying with the requirements of subsectio
n (b) of this section or (ii) if the person or entity is an
agricultural association, agricultural employer, or farm labor contractor, to hi
re, or to recruit or refer for a fee, for employment in the
United States an individual without complying with the requirements of subsectio
n (b) of this section.
8 CFR §274a.2 Verification of employment eligibility: (a) General. This section st
ates the requirements and procedures persons or
entities must comply with when hiring, or when recruiting or referring for a fee
, or when continuing to employ individuals in the United
States. For purposes of complying with section 274A(b) of the Act and this secti
on, all references to recruiters and referrers for a fee
are limited to a person or entity who is either an agricultural association, agr
icultural employer, or farm labor contractor (as defined in
section 3 of the Migrant and Seasonal Agricultural Worker Protection Act, 29 USC
§1802). The Form I-9, Employment Eligibility
Verification Form, has been designated by the Service as the form to be used in
complying with the requirements of this section.
Public Domain Privacy Form P-2
Sample Letters and Forms
Citizen s Assertion in Lieu of I.N.S. Form I-9

Form P-3 Citizen s Notice

of Employment Eligibility
 in lieu of I.N.S. Form I-9 Employment Eligibility Verification
Name and address of Citizen Name and address of Notice Recipient
Citizen s statement:
I, certify that I am a free Citizen of the State of and
am in all ways free and authorized to work unincumbered in any State of the Unit
ed States by the Right of
my natural citizenship.
I certify that the forgoing information stated here is true and correct.
Citizen s signature

Date

Legal Notice and Warning

Federal law provides that it is a crime to violate the Rights of a citizens unde
r the color-of-law. You
can be arrested for this crime and you can also be held personally liable for ci
vil damages.
Federal regulation, CFR §274a.2, restricts the use I.N.S. Form I-9 to certain empl
oyers involving the use of
agricultural workers; the I-9 Form has no other application and is not authorize
d for use with natural citizens
of the United States.
Notice of Service:
I, certify I that personally delivered this notice to above named recipient
and address on enter date here at time .
Federal law, 8 USC §1324a makes it unlawful for a person or other entity to hire,
or to recruit or refer for a fee, for employment in the
United States an alien knowing the alien is an unauthorized alien with respect t
o such employment, or to hire for employment in the
United States an individual without complying with the requirements of subsectio
n (b) of this section or (ii) if the person or entity is an
agricultural association, agricultural employer, or farm labor contractor, to hi
re, or to recruit or refer for a fee, for employment in the
United States an individual without complying with the requirements of subsectio
n (b) of this section.
8 CFR §274a.2 Verification of employment eligibility: (a) General. This section st
ates the requirements and procedures persons or
entities must comply with when hiring, or when recruiting or referring for a fee
, or when continuing to employ individuals in the United
States. For purposes of complying with section 274A(b) of the Act and this secti
on, all references to recruiters and referrers for a fee
are limited to a person or entity who is either an agricultural association, agr
icultural employer, or farm labor contractor (as defined in
section 3 of the Migrant and Seasonal Agricultural Worker Protection Act, 29 USC
§1802). The Form I-9, Employment Eligibility
Verification Form, has been designated by the Service as the form to be used in
complying with the requirements of this section.
18 USC §242 and 42 USC §1983 provides that: Whoever, under color of any law, statute
, ordinance, regulation, or custom, willfully
subjects any person in any State, Territory, or District to the deprivation of a
ny rights, privileges, or immunities secured or protected by
the Constitution or laws of the United States, ... shall be fined under this tit
le or imprisoned not more than one year, or both; 42 USC
§1983 further provides that a violator shall be liable to the party injured in an a
ction at law, suit in equity, or other proper proceeding
for redress.
Public Domain Privacy Form P-3 (02) 2000
Policy Manual
Notice to Withhold Disclosue of SSN
Use this form anytime you need to advise someone that it is you legally protecte
d right to
withhold disclosure of a social security number and that they are prohibited by
from denying
you any rights, privileges or service.
Form SSN Citizen s Assertion of Legal Right
to withhold disclosure of SSN
 Public Law 93-579 (Section 7)
Name and address of Citizen Name and address of Notice Recipient
Citizen s statement:
I certify that the forgoing information stated here is true and correct.
Citizen s signature

Date

Legal Notice and Warning

Federal law provides that it is a crime to violate the Rights of a citizen under
the color-of-law. You
can be arrested for this crime and can also be held personally liable for civil
damages.
Federal Law, Section 7 of Public Law 93-579 provides that: It shall be unlawful f
or any Federal, State or
local government agency to deny to any individual any right, benefit, or privile
ge provided by law because
of such individual's refusal to disclose his social security account number. Fede
ral courts have ruled the
Privacy Act applies equally to the private sector.
Warning, you are in violation of Federal Law and persisting with your demand may
lead to your arrest and/or
civil damages! The law provides that you can be held personally responsible and
liable, as well as your
company or agency.
There is no law requiring an individual to obtain or use a social security numbe
r. Your requirement and/or
demand that I provide a social security number to you is a violation of one or m
ore of the following laws: 4
CFR 83.9; 5 USC Sec. 552a; 7 CFR 1.123; 7 USC Sec. 2204g; 14 CFR 1212.604; 17 CF
R 249.501a; 19
CFR 118.11; 19 CFR 122.25; 19 CFR 24.5; 24 CFR 5.212; 28 CFR 16.53; 28 CFR 513.3
1; 28 CFR 700.25;
29 CFR 70a.10; 29 CFR 71.12; 31 CFR 1.32; 31 CFR 501.806; 32 CFR 270.19; 32 CFR
310.20; 32 CFR
311.5; 32 CFR 316.6; 32 CFR 317.20; 32 CFR 323.5; 32 CFR 505.2; 32 CFR 701.108;
32 CFR 806b.9; 38
CFR 1.575; 38 CFR 3.216; 38 USC Sec. 5101; 39 CFR 266.4; 45 CFR Part 801; 47 CFR
0.554; 49 CFR
10.29.
You are advised to cease and desist with your demand and to seek personal legal
counsel if you do not
understand the law.
Notice of Service:
I, certify that I personally delivered this notice to above named recipient
and address on at .
42 USC Sec. 408 provides that: Whoever ... (8) discloses, uses, or compels the di
sclosure of the social security number of any person
in violation of the laws of the United States; shall be guilty of a felony and u
pon conviction thereof shall be fined under title 18 or imprisoned
for not more than five years, or both.
18 USC §242 and 42 USC §1983 provides that: Whoever, under color of any law, statute
, ordinance, regulation, or custom, willfully
subjects any person in any State, Territory, or District to the deprivation of a
ny rights, privileges, or immunities secured or protected by
the Constitution or laws of the United States, ... shall be fined under this tit
le or imprisoned not more than one year, or both; 42 USC §1983
further provides that a violator shall be liable to the party injured in an actio
n at law, suit in equity, or other proper proceeding for redress.
Public Domain Privacy Form SSN(02) 2000
Sample Letters and Forms
Color of Law Violation Warning
Form COL Violation Warning
Denial of Rights Under Color of Law
 Violation Warning 18 U.S.C. §242; 18 U.S.C. §245; 42 U.S.C. §1983
Name and address of Citizen Name and address of Notice Recipient
Citizen s statement:
I certify that the forgoing information stated here is true and correct.
Citizen s signature

Date

Legal Notice and Warning

Federal law provides that it is a crime to violate the Rights of a citizen under
the color-of-law. You
can be arrested for this crime and you can also be held personally liable for ci
vil damages.
Attempting to cause a person to do something by telling that person that such ac
tion is required by law, when
it is not required by law, may be a felony.

18 USC §242 provides that whoever, under color of any law, statute, ordinance, reg
ulation, or custom,
willfully subjects any person in any State, Territory, Commonwealth, Possession,
or District to the deprivation
of any rights, privileges, or immunities secured or protected by the Constitutio
n or laws of the United States
... shall be fined under this title or imprisoned not more than one year, or bot
h.
18 USC §245 provided that Whoever, whether or not acting under color of law, intim
idates or interferes with
any person from participating in or enjoying any benefit, service, privilege, pr
ogram, facility, or activity
provided or administered by the United States; [or] applying for or enjoying emp
loyment, or any perquisite
thereof, by any agency of the United States; shall be fined under this title, or
imprisoned not more than one
year, or both.
42 USC §1983 provides that every person who, under color of any statute, ordinance
, regulation, custom,
or usage, of any State or Territory or the District of Columbia, subjects, or ca
uses to be subjected, any citizen
of the United States or other person within the jurisdiction thereof to the depr
ivation of any rights, privileges,
or immunities secured by the Constitution and laws, shall be liable to the party
injured in an action at law,
suit in equity, or other proper proceeding for redress.
Warning, you may be in violation of Federal Law and persisting with your demand
may lead to your arrest
and/or civil damages! Also understand that the law provides that you can be held
personally responsible and
liable, as well as your company or agency.

You are advised to cease and desist with your demand and to seek personal legal
counsel if you do not
understand the law.

Notice of Service:
I, certify that I personally delivered this notice to above named recipient
and address on at .
Policy Manual
Constructive Notice to Serve on Banks
CONSTRUCTIVE NOTICE
To: (Person being served)
Date:
Of: (Name and address of Institution)
This instrument serves notice to the person and/or business, agency, corporation
or other entity that the below
named Citizen does not have and/or refuses to disclose a social security number.
This Right is protected under
the First, Fourth, Fifth, Ninth, and Tenth amendments to United States Constitut
ion and provisions of the
Privacy Act. The Privacy Act makes it unlawful to require an individual to discl
ose or furnish a social security
number for any purpose, unless the disclosure or furnishing of the number is spe
cifically required by law.
The federal courts have ruled that private sector solicitors may not obtain soci
al security numbers until they
comport their solicitations to comply with disclosure requirements of the Privac
y Act, including informing
customers of the voluntary nature of such disclosure, the source of authority fo
r requesting such disclosure,
and possible uses to which disclosed numbers might be put. Yeager v. Hackensack
Water Co., 615 F.Supp.
1087 (1985).
Any person who is found violating the rights of a Citizen may be subject to the
damages sustained by the
individual and the costs of the action together with attorney fees. See Doyle v.
Wilson, 529 F.Supp. 1343
(1982). Violation of 18 USC §§241, 242; 42 USC §§1983, 1985 1986 shall subject you perso
nally and may
also subject you to fines of up to $10,000.00, and imprisonment for up to ten ye
ars, or both.
Federal regulations provide you an alternative, 26 CFR §§31.6011, 301.6109 and 31 CF
R §§103.28, 103.34,
103.35, employers, banks and payers are required to ask for the social security
number, but they shall not be
in violation of this requirement if they have made a reasonable effort to secure
such identification and are
unable to secure the information.
Your policy must comply with the law and cannot violate the law or the Rights of
Citizens.
Compliance with the Law and this Citizen's intent, as expressly evidenced and im
plied by this
document, is demanded.
Noncompliance with this Notice and Demand shall result in the filing of a formal
complaint with the
appropriate State and federal agencies against the above named and/or representa
tive(s).
Constructive Notice issued by:
Representing:
Witness:
Date
Public Domain Form CN(02)-1999
Sample Letters and Forms
Notice Regarding Employment
Notice

To All Workers and Employees

Regarding the Possession and Use of
Social Security Numbers

There is no law requiring a person to have, obtain or use a Social Security Numb
er to live
or work in the United States. Social Security is a voluntary system and there is
no legal
requirement that an individual obtain or use a Social Security Number.
The Social Security Act requires the Social Security Administration to establish
and maintain records of wages
and self-employment income for each individual whose work is covered under the p
rogram; a Social Security
Number is needed for that purpose. No social security benefits will be paid to y
ou unless you obtain and use a
Social Security Number.
The Internal Revenue Service (IRS) imposes no penalty on an employer if the fail
ure to show a Social Security
Number (SSN) or Taxpayer Identification Number (TIN) for an employee was due to
reasonable cause and not
to wilful neglect. See 26 USC §6109(a)(3), §6721(a)(2)(B), §6721(c)(1)(B), and §6724(a).
The IRS requires an
employer request (IRC §6109(a)(3)) the employee to provide the employer with eithe
r an SSN or TIN. However,
the employee may refuse to provide an SSN or TIN. An employer is prohibited by T
itle VII of the Civil Rights
Act from dismissing any employee for refusing to provide an SSN or TIN because o
f their religious belief or
creed.
Section 7 of Public Law 93-579 provides that:
(a)(1) It shall be unlawful for any Federal, State or local government agency to
deny to any individual any
right, benefit, or privilege provided by law because of such individual's refusa
l to disclose his social security
account number.
If you do not wish your employer to use your Social Security Number, you should
tell them in writing, that you
elect to withdraw the use of your Social Security Number and request your employ
er to enter the phrase
Employee Refused to Provide in the space provided for a Social Security Number if
and when your employer
reports your wages and taxes.
18 USC Sec. 242 and 42 USC Sec. 1983 provides that:
Whoever, under color of any law, statute, ordinance, regulation, or custom, willf
ully subjects any person in
any State, Territory, or District to the deprivation of any rights, privileges,
or immunities secured or protected
by the Constitution or laws of the United States, ... shall be fined under this
title or imprisoned not more than
one year, or both; 42 USC Sec. 1983 further provides that a violator shall be liab
le to the party injured in
an action at law, suit in equity, or other proper proceeding for redress.
42 USC Sec. 408 provides that:
Whoever ... (8) discloses, uses, or compels the disclosure of the social security
number of any person in
violation of the laws of the United States; shall be guilty of a felony and upon
conviction thereof shall be fined
under title 18 or imprisoned for not more than five years, or both.
This notice must be posted in a conspicuous place where it can be read by all em
ployees and workers.
Policy Manual
Notice Regarding Financial Institutions
Notice
To Financial Institutions and Account Holders
Regarding the Possession and Use of
Social Security Numbers

There is no law requiring a person to obtain, have or use a Social Security Numb
er to open,
use or maintain a bank account or to perform bank transactions in the United Sta
tes.
31 CFR 103.28 requires identification as follows:
Before concluding any transaction with respect to which a report is required unde
r Sec. 103.22, a financial
institution shall verify and record the name and address of the individual prese
nting a transaction, as well as
record the identity, account number, and the social security or taxpayer identif
ication number, if any, of
any person or entity on whose behalf such transaction is to be effected. (Emphasi
s added)
Financial institutions may be required to ask you for proper identification and
a social security number. The
financial institution is required to make a record of the identity records that
you provide to them. However, there
is no law requiring an account holder or customer to provide a social security n
umber. Additionally, there is no
law prohibiting a financial institution from opening an account or completing a
transaction because a customer
lacks a social security number.
31 CFR 103.33 requires financial institutions to include a notation in the record
that a customer lacks a social
security number or certain other identification.
31 CFR 103.34 provides:
In the event that a bank has been unable to secure . . . the required identificat
ion, it shall nevertheless not be
deemed to be in violation of this section if (i) it has made a reasonable effort
to secure such identification, and
(ii) it maintains a list containing the names, addresses, and account numbers of
those persons from whom it
has been unable to secure such identification, and makes the names, addresses, a
nd account numbers of those
persons available to the Secretary as directed by him.
18 USC Sec. 242 and 42 USC Sec. 1983 provides that:
Whoever, under color of any law, statute, ordinance, regulation, or custom, willf
ully subjects any person in
any State, Territory, or District to the deprivation of any rights, privileges,
or immunities secured or protected
by the Constitution or laws of the United States, ... shall be fined under this
title or imprisoned not more than
one year, or both; 42 USC Sec. 1983 further provides that a violator shall be liab
le to the party injured in
an action at law, suit in equity, or other proper proceeding for redress.
42 USC Sec. 408 provides that:
Whoever ... (8) discloses, uses, or compels the disclosure of the social security
number of any person in
violation of the laws of the United States; shall be guilty of a felony and upon
conviction thereof shall be fined
under title 18 or imprisoned for not more than five years, or both.
This notice must be posted in a conspicuous place where it can be read by all em
ployees and customers.
Sample Letters and Forms
Notice Regarding Taxpayers
Notice

To All Taxpayers

The Internal Revenue Service expects you to waive your Constitutionally protecte
d, Fifth
Amendment right by signing your tax return under penalty of perjury. Your signat
ure on
a tax return legally binds you to the fact that you have fully complied with app
licable tax
laws. You may be severely fined or imprisoned for any mistakes that you or your
tax
preparer might make.
The I.R.S. may fine you $500.00 if you refuse to waive your rights.
It is up to you to know and protect your rights. There is no law requiring you t
o waive your rights.
Ask yourself the following questions before signing your tax return:
1. Do I waive my Fifth Amendment protected rights when I file a tax return?
2. If I do waive my Fifth Amendment protected rights when I file a tax return, w
hat statute requires me to so waive them?
3. If I do not waive my Fifth Amendment protected rights when I file a tax retur
n, then why does the IRS have a Miranda-type of warning
in the Privacy Act Notice of the 1040 Instruction Book, stating that the IRS may
give any information on my return to the Department of
Justice, obviously for use in criminal cases?
4. Do I truly understand what I am signing under penalty of perjury ?
Employees who wish their employer to withhold state and federal taxes on income
and for social security benefits and unemployment
insurance must complete an I.R.S. Form W-4 Employee s Withholding Allowance Certifi
cate and give it to their employer. 26 CFR
31.3402(p)-1 provides that the I.R.S. Form W-4 is a voluntary withholding agreem
ent that may be terminated by either the employee or the
employer at any time by furnishing a signed written notice to the other.
If you do not wish your employer to use your Social Security Number, you should
tell them in writing, that you elect to withdraw the use of
your Social Security Number and request your employer to enter the phrase Employe
e Refused to Provide in the space provided for a Social
Security Number when your employer reports your wages and taxes. The Internal Re
venue Service (IRS) imposes no penalty on an employer
if the failure to show a Social Security Number (SSN) or Taxpayer Identification
Number (TIN) for an employee was due to reasonable cause
and not to wilful neglect. See 26 USC §6109(a)(3), §6721(a)(2)(B), §6721(c)(1)(B), and
§6724(a). The IRS requires an employer ask (IRC
§6109(a)(3)) the employee to provide the employer with either an SSN or TIN. Howev
er, the employee may refuse to provide an SSN or TIN.
Section 7 of Public Law 93-579 provides that:
(a)(1) It shall be unlawful for any Federal, State or local government agency to
deny to any individual any right, benefit,
or privilege provided by law because of such individual's refusal to disclose hi
s social security account number.
18 USC Sec. 242 and 42 USC Sec. 1983 provides that:
Whoever, under color of any law, statute, ordinance, regulation, or custom, willf
ully subjects any person in any State,
Territory, or District to the deprivation of any rights, privileges, or immuniti
es secured or protected by the Constitution
or laws of the United States, ... shall be fined under this title or imprisoned
not more than one year, or both; 42 USC Sec.
1983 further provides that a violator shall be liable to the party injured in an
action at law, suit in equity, or other proper
proceeding for redress.
This notice must be posted in a conspicuous place where it can be read by all Ta
xpayers.
Policy Manual
Notice Regarding I.R.S. Form W-4
Notice
To All Workers, Employees and Employers
Regarding the Voluntary Nature
of I.R.S. Form W-4

Internal Revenue Code, Title 26, Part 31, Section 3402(p)-1 (26CFR31.3402(p)-1)
provides that the I.R.S. Form W-4 is a voluntary withholding agreement between a
n
employer and an employee. There is no law requiring a worker or employee to comp
lete
the I.R.S. Form W-4.
Employees who wish their employer to withhold state and federal taxes on income
and for social security
benefits and unemployment insurance must complete an I.R.S. Form W-4 Employee s Wit
hholding Allowance
Certificate and give it to their employer. 26 CFR 31.3402(p)-1 provides that the
I.R.S. Form W-4 is a
voluntary withholding agreement that may be terminated by either the employee or
the employer at any time
by furnishing a signed written notice to the other.
Employees who do not complete an I.R.S. Form W-4 with their employers may not be
eligible for
unemployment benefits. Additionally they may need to pay state and federal taxes
and pay for social security
taxes at a higher rate. You may not be eligible for social security benefits whe
n you retire or become disabled
if you fail to pay social security tax.
Understand that although an employee may not wish to complete an I.R.S. Form W-4
, the I.R.S. still requires
an employer to request (IRC §6109(a)(3)) the employee s social security number (SSN)
or taxpayer ID number
(TIN). However, the employee may refuse to provide an SSN or TIN. An employer is
prohibited by Title VII
of the Civil Rights Act from dismissing any employee for refusing to provide an
SSN or TIN because of their
religious belief or creed
There is no law requiring an employee to complete and submit an I.R.S. Form W-4.
Additionally there is no
law requiring an employer to accept an I.R.S. Form W-4. Severe penalties may be
applied against any person
who, under the color of law deprives another person of their rights.
18 USC Sec. 242 and 42 USC Sec. 1983 provides that:
Whoever, under color of any law, statute, ordinance, regulation, or custom, willf
ully subjects any person
in any State, Territory, or District to the deprivation of any rights, privilege
s, or immunities secured or
protected by the Constitution or laws of the United States, ... shall be fined u
nder this title or imprisoned
not more than one year, or both; 42 USC Sec. 1983 further provides that a violato
r shall be liable to
the party injured in an action at law, suit in equity, or other proper proceedin
g for redress.
This notice must be posted in a conspicuous place where it can be read by all em
ployees and workers.
Sample Letters and Forms
Public Law Notice
Scale by 54% for reproduction in business card size.
Notice Regarding Disclosure of Social Security Number
Section 7 of Public Law 93-579, as enacted by the Congress of the United States
provides that:
(a)(1) It shall be unlawful for any Federal, State or local government agency to
deny to any
individual any right, benefit, or privilege provided by law because of such indi
vidual's refusal to
disclose his social security account number.
(2) the provisions of paragraph (1) of this subsection shall not apply with resp
ect to (
A) any disclosure which is required by Federal statute, or
(B) the disclosure of a social security number to any Federal, State, or local a
gency
maintaining a system of records in existence and operating before January 1, 197
5, if such
disclosure was required under statute or regulation adopted prior to such date t
o verify the
identity of an individual.
(b) Any Federal, State, or local government agency which requests an individual
to disclose his
social security account number shall inform that individual whether that disclos
ure is mandatory
or voluntary, by what statutory or other authority such number is solicited, and
what uses will be
made of it.
18 USC Sec. 242 and 42 USC Sec. 1983 provides that:
Whoever, under color of any law, statute, ordinance, regulation, or custom, will
fully subjects any person in any State,
Territory, or District to the deprivation of any rights, privileges, or immuniti
es secured or protected by the Constitution or
laws of the United States, ... shall be fined under this title or imprisoned not
more than one year, or both; 42 USC Sec. 1983
further provides that a violator shall be liable to the party injured in an acti
on at law, suit in equity, or other proper
proceeding for redress.
42 USC Sec. 408 provides that:
Whoever ... (8) discloses, uses, or compels the disclosure of the social securit
y number of any person in violation of the laws
of the United States; shall be guilty of a felony and upon conviction thereof sh
all be fined under title 18 or imprisoned for not
more than five years, or both.
Served on name of person served , an agent or employee of
name of business or agency was informed of the law enter date
at time and is fully aware of the Congressional restriction placed upon him/her
and the
penalties he/she may suffer for violating the law by requiring me to provide a s
ocial security
number which I may not have nor am I required to provide, or am providing under
duress.
Signed: your name and signature Witnessed: name and signature
Policy Manual
Contract with Credit Reporting Agency
Demand Notice
a Recession and Creation of a New Contract
Name and address of person making this demand (I or me) Name and address of pers
on, company or entity upon whom the demand is being
made (you or your)
You are hereby directed to provide copies of any and all information contained w
ithin any of your
files pertaining to the person making this demand. Since my name and address is
particularly
unique, it suffices as complete, necessary and sufficient identification (15 USC
1681h).
Be advised: I consider all information associated with me, including but not lim
ited to, my name,
accounts, addresses, phone numbers, and associated identity numbers, as well as
numbers,
characters and/or similar symbolic arrangements to be personal, confidential, an
d uniquely mine.
As such, arrangement must be made with me to use or store such information. Any
permission
and/or authorization you think you may have had, regarding the use and/or storag
e of such
information, is hereby revoked and a new agreement is constituted beginning this
day.
You Are Entering a Binding Contract
You are hereby granted permission to use and/or store such information and/or da
ta while you
compensate me at a rate of $500.00 per month due and payable on the first day of
each month plus
a 2% monthly interest rate on unpaid balance, plus $50.00 per occurrence late ch
arge, plus a
$100.00 billing fee. OR:

You are hereby advised that you do not have my permission to store information r
egarding me or
information attributed to or about me. Therefore you are hereby ordered to remov
e and purge any
such data or information from your filling systems.

Furthermore: Any permission, right, or privilege you think you may have had to s
tore information

or data regarding me is here by revoked.

Furthermore: You are not authorized and do not have permission to use, for any r
eason, a
number similar to such number the Social Security Administration may have assign
ed to me.
Furthermore: You are hereby ordered to forward and advise me of any and all inqu
iries made

regarding data or information which another party thinks you may have about me.
Furthermore: Since this order directs you to purge your records of any data and/
or information
regarding me, it is further expected, and you are hereby ordered to stop selling
and/or sharing such
information with any other person or organization.

Notice: Failure to notify me in writing, within forty-five (45) days of the date
shown
below, that you have purged from your files and storage devices all information
and/or data regarding or associated with me, is regarded as your acceptance of t
hese
terms and your agreement to compensate me as indicated above.
Signed and executed this day number of month , year by your typed name
your signature here
Public Domain CRA(01)-1999
Sample Letters and Forms
Letters to the Banker
First Response to Account Rejection
<your name> <date>
<your address>
<city, state, zip>

<banker's name>
<name of the bank>
<recipient's address>
<recipient's city, state>

Dear <banker s name>:

Although I had hoped to open a <kind of account> account with you yesterday, I s
till appreciate the
time you spent discussing my unique situation.
Since it is important to me to open that account with your branch, it is necessa
ry for me to understand
clearly the reason for your rejection. Could you please explain the reason for t
he rejection and list
each problem that I need to correct so that I can open that account.
Also please provide clarification of your banks position for requiring a social
security number. If I
understand your bank s position better, then perhaps I can better accommodate that
requirement.
I remain hopeful that I will soon open an account with you.
Best regards,
<sender>
Policy Manual
Second Response Privacy Act Notice
<your name> <date>
<your address>
<city, state, zip>

<banker's name>
<name of the bank>
<recipient's address>
<recipient's city, state>

Dear <banker s name>:

Thank you for responding to my request to clarify your reason for declining my a
ccount application.
However, it is important to remind you and <name of bank> that there is no law r
equiring a person
to obtain a social security number and that the Privacy Act provides that it sha
ll be unlawful to deny
to any person any right, benefit or privilege because of an individual s refusal t
o disclose a social
security number (Section 7, Pub. Law 93-579, 5 USC 552a, 31 USC 1.32). You shoul
d know that
several court decisions have applied this law to the private sector as well as g
overnment agencies.
Since it is my intent to assert my rights in this matter, I encourage you and <n
ame of bank> to either
reconsider that policy or waive the policy in my case. As you well know, federal
regulation (31 USC
103.34) requires that you ask me for a social security number. However, the law
does not require a
person to provide that number. Furthermore, the regulation provides that you sha
ll not be in violation
of this section if you have made a reasonable effort to secure the social securi
ty number. Certainly
you have complied with the law and have made a reasonable effort to secure a soc
ial security number
(which I do not have).
Please find enclosed my signed statement (Reasonable Cause Affidavit by Payor) s
howing that you
did request a social security number and that I declined to provide such number.
This statement
proves your reasonable effort and frees you from any IRS penalties due to neglec
t. You are also being
advised, by way of the attached Constructive Notice and my Citizen s Assertion of
Legal Right to
withhold disclosure of SSN, of my legal rights and my intent to assert these rig
hts in court if
necessary.
I hope that you will reconsider your position and I remain hopeful that we can r
each a mutually
beneficial arrangement.
Best regards,
<sender>
Sample Letters and Forms
Second Response Compliance with Law
<your name> <date>
<your address>
<city, state, zip>

<banker's name>
<name of the bank>
<recipient's address>
<recipient's city, state>

Dear <banker s name>:

Thank you for responding to my request to clarify your reason for declining my a
ccount application.

However, it is important to remind you and <name of bank> that there is no law r
equiring a person
to obtain a social security number and that the Privacy Act provides that it sha
ll be unlawful to deny
to any person any right, benefit or privilege because of an individual s refusal t
o disclose a social
security number (Section 7, Pub. Law 93-579, 5 USC 552a, 31 USC 1.32). You shoul
d know that
several court decisions have applied this law to the private sector as well as g
overnment agencies.

Since it is my intent to assert my rights in this matter, I encourage you and <n
ame of bank> to either
reconsider your position in my case. As you well know, federal regulation (31 US
C 103.34) requires
that you ask me for a social security number. However, the law does not require
a person to
provide that number as you incorrectly assert. You should be aware that it is a
felony to attempt
to make people do certain things under the color of law. I certainly hope this was
simply an
oversight on your part and not an attempt to intimidate me into giving you somet
hing that I do not
have and am clearly not required to provide.

You should also know that the regulation provides that you shall not be in viola
tion of this section
if you made a reasonable effort to secure the social security number. Certainly
you have complied
with the law and have made a reasonable effort to secure a social security numbe
r (which I do not
have).

Please find enclosed my signed statement (Reasonable Cause Affidavit by Payor) s

howing that you
did request a social security number and that I declined to provide such number.
This statement
proves your reasonable effort and frees you from any IRS penalties due to neglec
t. You are also being
advised, by way of the attached Violation Warning, Constructive Notice and my Ci
tizen s Assertion
of Legal Right to withhold disclosure of SSN, of my legal rights and my intent t
o assert these rights
in court if necessary.

I hope that you will reconsider your position and I remain hopeful that we can r
each a mutually
beneficial arrangement.

Best regards,
Policy Manual
240
Rescind your
Social Security Number
There are several organizations who claim they can show you or help you rescind
the
social security number that was assigned to you by the Social Security Administr
ation. Some
of these information packets are very expensive, and they are all worthless.
Many people simply refuse to believe us when we tell them that they cannot resci
nd or
cancel a social security number that has already been assigned. We are including
this
information to show you how the basic gimmick is played. This is provided for in
formational
purposes only hoping to save you the expense of being scammed.
The Social Security Administration is not Authorized
to Rescind a Number
If you follow the advice of any of these various recession programs you will lik
ely get a
letter back from the Social Security Administration that states something like:
We regret that we cannot return your application for a Social Security card to y
ou. Because of
the large volume of applications we receive, the original applications are not r
etained.
The Social Security Act requires the Social Security Administration to assign a
Social Security
number (SSN) to all qualified applicants who submit a completed Form SS-5, Appli
cation for
Social Security Card. We are not authorized by law to rescind or cancel any numb
er after it
has been assigned.
The interesting thing about most federal law is that it does not apply to indivi
dual citizens
but instead defines the operating rules for the various federal agencies. The So
cial Security
Administration is one of those agencies. The majority of the laws and regulation
s written
about the social security number dictate rules to the Social Security Administra
tion about
how they assign, use or react to the number issue. That is, things like the foll
owing:
They assign a number when they receive an application
They verify that a number and name match their record
To receive Social Security benefits, the applicant must have a number issued
The Social Security Administration, like all government agencies, is highly regu
lated;
They are not permitted to do anything without Congressional authorization that i
s what the
laws and the regulations are written for. Within those laws and regulations, Con
gress never
authorized the Social Security Administration to rescind or cancel a social secu
rity number.
Policy Manual
Therefore the Social Security Administration cannot and will not rescind or canc
el any social
security number once it has been assigned to an applicant.
The Recession Scam
There are a few groups that actually charge upwards of $300.00 for the following
bogus
information. There are basically three recession arguments being purposed by var
ious
groups. These arguments are as follows:
Withdraw your Application
Cancel Application because it is not binding
Terminate the agreement as provide in 20 CFR 404.1905
Request for Withdrawal of Application
These people often point to the Social Security Administration Form SSA-521, Req
uest
for Withdrawal of Application as evidence for their program. Certainly, from the
name of this
form, we could be lead to believe that it is possible to withdraw the Applicatio
n for a Social
Security Card. What their sales pitch doesn t tell you, is that this form is only
used to
Rescind your Social Security Number
withdraw an application for various social security benefits. According to the S
ocial Security
Administration s Social Security Handbook:
§1515. Right to withdraw application.
An application may be withdrawn if a written request for withdrawal is filed bef
ore SSA makes
a determination on it and the request is filed by the claimant or a person actin
g on his or her
behalf and the claimant is alive at the time the request is filed.
An application may also be withdrawn after SSA makes a determination on a claim
if the
conditions in the above paragraph are met and if (1) all individuals whose entit
lement would
be nullified by the withdrawal consent in writing to the withdrawal and (2) all
affected
individuals repay any benefits received based upon entitlement which is nullifie
d by the
withdrawal. Though a person withdraws a claim, SSA retains possession of the app
lication
form and all related papers.
After the claimant's death, an application may be withdrawn regardless of whethe
r SSA has
made a determination on it if (1) the application was for retirement benefits th
at would be
reduced because of the claimant's age; (2) the claimant died before SSA certifie
d his or her
benefit entitlement to the Treasury Department for payment; (3) a written reques
t for
withdrawal is filed by or for the person eligible for widow(er)'s benefits based
on the claimant's
earnings; and (4) the conditions in (1) and (2) of the above paragraph are met.
Ordinarily, the effective date of the withdrawal is the day the request is recei
ved; however, the
mailing date, as shown by the U.S. postmark, may be used if it is advantageous t
o the
claimant. (There is no right to reconsideration or appeal based on a withdrawn c
laim.) A new
application will have to be filed if the person later wishes to claim benefits.
If SSA approves a request to withdraw an application, the application will be co
nsidered as
though it was never filed. If SSA disapproves a request for withdrawal, the appl
ication is
treated as though the request was never filed.
A request to withdraw may be cancelled and the application reinstated if a writt
en request is
filed at a proper place (see §1505), and the claimant is alive at the time the req
uest for
cancellation is filed. For a cancellation request received after SSA approved th
e withdrawal,
the request must be filed no later than 60 days after the date of the notice of
approval.
To withdraw from medical insurance after a period of entitlement, see Chapter 24
.
According to their method, you should take the following steps to rescind your s
ocial
security number:
Step 1.
Go to the SSA Office and ask for the SS-521 Application to withdraw from a benef
it.
Step 2.
Fill out the SS-521 form and make 2 copies and go to the SS office; turn in one
copy to SSA. Ask the clerk to stamp your copy. Include a copy of the OMB-83 form
.
Step 3.
Write a short letter to your Congressman telling him what you have done and ask
him to write to the SSA Congressional Liaison at the Social Security Administrat
ion
Office of Public Information, to ask them to expedite approval of your request t
o
rescind you number. You also want your Congressman to be sure to tell SSA that
you will need a To Whom it May Concern Letter that you no longer have a SSN
and do not need one to conduct your day to day business activities. You will giv
e
this letter to your employer and anyone else who might challenge your not having
an SSN.
We included a copy of the SS-521 and the OMB-83 for your convenience. We sincere
ly
hope that you haven t been scammed by some of the groups who charge exorbitant pri
ces for
that kind of information.
Policy Manual
DEPARTMENT OF HEALTH AND HUMAN SERVICE Form Approved
SOCIAL SECURITY ADMINISTRATION TOE 420 OMB No. 0960-0015
REQUEST FOR WITHDRAWAL OF APPLICATIONIMPORTANT NOTICE. This is a request to canc
el your application. If it is approved, the decision
we made on your application will have no legal effect, all rights attached to an
application, including
the rights of reconsideration, hearing, and appeal will be forfeited, and any pa
yments we made to you
or anyone else on the basis of that application will have to be returned. You mu
st then reapply if you
want a determination of your Social Security rights at any time in the future bu
t any subsequent
application may not involve the same retroactive period. This procedure is inten
ded to be used only
when your decision to file has resulted, or will result, in a disadvantage to yo
u. Your local Social
Security office will be glad to explain whether, and how, this procedure will he
lp you.
Do not write in this space
NAME OF WAGE EARNER, SELF-EMPLOYED INDIVIDUAL, OR ELIGIBLE INDIVIDUAL SOCIAL SEC
URITY NUMBER
PRINT YOUR NAME (First name, middle initial, last name) DATE OF APPLICATION TYPE
OF BENEFIT
TYPE OF APPLICATION
I hereby request the withdrawal of my application, dated as above, for the reaso
ns stated below. I understand that (1) this
request may not be canceled after 60 days from the mailing of notice of approval
; and (2) if a determination of my
entitlement has been made, there must be repayment of all benefits paid on the a
pplication I want withdrawn, and all other
persons whose benefits would be affected must consent to this withdrawal. I furt
her understand that the application
withdrawn and all related material will remain a part of the records of the Soci
al Security Administration and that this
withdrawal will not affect the proper crediting of wages or self-employment inco
me to my Social Security earnings record.
Give reason for withdrawal. (if you need more space, use the reverse of this for
m.)
I intend to continue working. (I have been advised of the alternatives to withdr
awal for applicants underage
1.
65 and still wish to withdraw my application.)
Other (Please explain fully).

2.
Continued on reverse
SIGNATURE OF PERSON MAKING REQUEST
Signature (First name, middle initial, last name) (Write in ink) Date (Month, da
y, year)
SIGN
HERE
Telephone Number (include area code)
Mailing .Address (Number and street, Apt No., P. O. Box, or Rural Route)
City and State ZIP Code Enter Name of Country (if any) in which you now live
Witnesses are required ONLY if this request has been signed by mark (X) above. I
f signed by mark (X), two witnesses to
the signing who know the person making the request must sign below, giving their
full addresses.
1. Signature of Witness
2. Signature of Witness
Address (Number and street, City, State, and ZIP Code)
Address (Number and street, City, State, and ZIP Code)
FOR USE OF SOCIAL SECURITY ADMINISTRATION

APPROVED
NOT APPROVED
BECAUSE BENEFITS NOT CONSENT(S) NOT
REPAID OBTAINED
OTHER (Attach special
determination)
SIGNATURE OF SSA EMPLOYEE TITLE
CLAIMS
AUTHORIZER
OTHER (Specify)
DATE
FORM SSA 521 (11-85)
Rescind your Social Security Number
PAPERWORK REDUCTION ACT SUBMISSION
Please read the instructions before completing this form. For additional forms o
r assistance in completing this form, contact your
agency's Paperwork Clearance Officer. Send two copies of this form, the collecti
on instrument to be reviewed, the Supporting
Statement, and any additional documentation to: Office of Information and Regula
tory Affairs, Office of Management and
Budget, Docket Library, Room 10102, 725 17th Street N.W., Washington, DC 20503
1. Agency/Subagency originating request 2. OMB control number
SOCIAL SECURITY ADMINISTRATION a. 0960 - 0066 b. G None
3. Type of information collection (check one) 4. Type of review requested (check
one)
a.GNew Collection a. :Regular submission
b.:Revision of a currently approved collection b. GEmergency-Approval requested
by:
c.Gc. GExtension of a currently approved collection Delegated
d.GReinstatement, without change, of previously approved 5. Small entities
collection for which approval has expired
Will this information collection have a significant economic impact
e.GReinstatement, with change, of a previously approved on a substantial number
of small entities? Yes G No :
collection for which approval has expired 6. Requested expiration date
f.GExisting collection in use without an OMB control number a. :Three years from
approval date
For b-f, note item A2 of Supporting Statement Instructions
b. GOther Specify
7. Title
Application for a Social Security Card
8. Agency form number(s) (if applicable)
SS-5
9. Keywords
Social Security Benefits, Identification Card
10. Abstract
The information collected on Form SS-5 is used by the Social Security Administra
tion to assign Social
Security Numbers so that individuals may obtain employment, report earnings, ope
n bank accounts,
pay taxes, apply for benefits and for other purposes. The affected public consis
ts of individuals who
apply for Social Security Numbers.
OMB FORM 83-I (10/95)
11. Affected public (Mark primary with "P" & all others that apply with "X") 12.
Obligation to respond (Mark primary with "P" and all others that apply
with X )
a. X XIndividuals or households d. __ Farms a. Voluntary
b. Business or other for-profit e. __ Federal Government
b. P Required to obtain or retain benefits
c. Not-for-profit institutions f. __ State, Local or Tribal Government c. Mandat
ory
13. Annual reporting and recordkeeping hour burden 14. Annual reporting and reco
rdkeeping cost burden (in thousand of dollars)
a. Number of respondents a. Total annualized capital/startup costs 16,000,000 N/
A
b. Total annual responses b. Total annual cost (O & M) 16,000,000
1. Percentage of these responses c. Total annualized cost requested
collected electronically d. Current OMB inventory 0
c. Total annual hours requested e. Difference 2,275,000
d. Current OMB inventory f. Explanation of difference 2,000,000
e. Differences 1. Program change 2,275,000
f. Explanation of difference 2. Adjustment
1. Program change 0
2. Adjustments +275,000
14. Purpose of information (Mark primary with P and all others that apply 16. Freq
uency of recordkeeping or reporting (check all that apply)
with X )
a.Gb. GRecordkeeping
a. X Application for benefits e. __ Program planning or management c.:Reporting
b. Program evaluation f. __ Research
1.:On occasion 2.G3. GWeekly Monthly
c. General purpose statistics g. __ Regulatory or compliance
4.G5.G6. GQuarterly Semi-annually Annually
d. Audit
7.G9.GBiennially Other (describe)
17. Statistical methods 18. Agency contact (person who can best answer questions
regarding the
Does this information collection employ statistical methods? content of this sub
mission)
Yes G No :Name Frederick W. Brickenkamp
Phone (410) 965-4145
245
Policy Manual
The Application is not Binding
Some groups claim that you can cancel or void your social security card because
you did
not apply for it yourself. That is, your parent s or guardian submitted the applic
ation on your
behalf when you were a child. Since you were not of legal age to enter into a co
ntract, the
original application for a social security card is not legally binding upon you
as an adult; thus,
the original application can be rescinded. There is merit to this assertion, but
you will need to
argue your case in court as soon as you reach the age of majority to be successf
ul.
In Valldejuli v. SSA, (U.S. District Court, Gainsville, Florida 12/21/94), the p
laintiff
asserted that he was fraudulently induced into signing a contract with the Social Se
curity
Administration when he was eleven years old, and now seeks to void that contract
. Although
Chief Judge Paul ruled against the plaintiff, he did find some merit to the asse
rtion the
problem the judge had wasn t with the plaintiff s fraudulently induced signing it was
with plaintiff s timing:
Agreements entered into by minors are voidable because minors do not have capacit
y to
contract. See, e.g., Orange Motors of Miami, Inc. v. Miami Nat l Bank, 227 So.2d 7
17, 718
(Fla. 3d DCA 1969). However, it is basic hornbook law that a minor can ratify an
otherwise
voidable contract upon reaching the age of majority through either an affirmativ
e act, or failure
to disaffirm the contract within the period of the statue of limitations. In thi
s case, the
Plaintiff s birth certificate indicates he is forty years old. Plaintiff therefore
reached the age of
majority over twenty years ago -clearly beyond the statute of limitations -there
by ratifying
what the Plaintiff claims is an otherwise voidable contract.
Termination of the Agreement
This assertion presents the idea that federal regulations provide the Social Sec
urity
Administration with the legal authority to rescind or cancel a social security a
ccount. The
proponents of this program tell you that you are asserting your legal rights und
er 20 CFR
§404.1905, Termination of agreements. The claim is that the Social Security must a
nd will
cancel the social security number that had been assigned to you.
20 CFR §404.1905 Termination of agreements.
Each agreement shall contain provisions for its possible termination. If an agre
ement is
terminated, entitlement to benefits and coverage acquired by an individual befor
e termination
shall be retained. The agreement shall provide for notification of termination t
o the other party
and the effective date of termination.
After reading that portion of code you are left with the strong impression that
their
argument is reasonable. However, they fail to disclose the rest of the story, wh
ich is that the
Rescind your Social Security Number
agreement written of this portion of code is a thing call a totalization agreeme
nt defined in 20
CFR §404.1901.
Sec. 404.1901 Introduction.
(a) Under section 233 of the Social Security Act, the President may enter into a
n agreement
establishing a totalization arrangement between the social security system of th
e United
States and the social security system of a foreign country. An agreement permits
entitlement
to and the amount of old-age, survivors, disability, or derivative benefits to b
e based on a
combination of a person's periods of coverage under the social security system o
f the United
States and the social security system of the foreign country. An agreement also
provides for
the precluding of dual coverage and dual social security taxation for work cover
ed under both
systems. An agreement may provide that the provisions of the social security sys
tem of each
country will apply equally to the nationals of both countries (regardless of whe
re they reside).
For this purpose, refugees, stateless persons, and other nonnationals who derive
benefit
rights from nationals, refugees, or stateless persons may be treated as national
s if they reside
within one of the countries.
As we read both sections together, we find that a totalization agreement, which
is entered
into between the President and a foreign country shall contain provisions for its
possible termination. This section of regulation has nothing to do with individual
citizens
and the issuance or recession of social security numbers. The proponents of this
argument are
simply pushing another scam.
Whose Number is it Anyway
Accordingto20CFR §422.103, the social security number and the social security card
belong to the Social Security Administration.
(b) Applying for a number (1) Form SS-5. An individual needing a social security
number
may apply for one by filing a signed form SS-5
A person who is assigned a social security number will receive a social security
number
card social security number cards are the property of SSA and must be returned u
pon
request.
Even though several Social Security Administration documents attempt to personal
ize the
number by saying it is your social security number, nothing could be further from t
he truth.
If it were your number, then you could do with it as you wish including changing
the
number. Many people would probably like to change their social security number t
o
something more personal but if you do that, you could go to jail.
Since there are many laws that attempt to define using a false social security n
umber as
fraud it would be unwise to use a different number since using a number other th
an the one
assigned to you might be considered fraud. However, declining or refusing to use
a number
because of religious/whatever conviction or because a number has not been assign
ed to you is
legal and reasonable.
Policy Manual
Additionally, telling people that you do not have a social security number, even
if one was
assigned to you, may be a correct statement for three primary reasons:
1.
The social security number is not yours, it belongs to the Social Security
Administration. If it was yours, they could not prevent you from changing it.
2.
You probably did not solicit the Social Security Administration for a social
security number somebody else, maybe your parents, did that for you. As
such, you have no obligation, nor have you made any promises regarding the
use, disuse, or abuse of any social security number that may have been assigned
to you because of somebody else s action. Since you were not a party to the
action, you are not obligated to recognize the fact that someone else may/or
may not have requested a social security number for you The point is you
have no social security number.
3.
Your belief that you may have been assigned a social security number may, in
fact, be based hearsay evidence, such as your parents told you this is your
number, or they told you that completed the application. While you may believe
everything these people tell you such evidence would not be admissible in
court and should therefore not be your basis for believing it to be factual.
Property of the Social Security Administration
Notice the wording on the back of a social security card.
Rescind your Social Security Number
This card is the property of the Social Security Administration and must be retur
ned upon
request. Is there any question left now, about whose number it is and what it is
really used
for?
Weight 145 lb
Generic Bra nd
Government Inventory Control Number
SSN: 650-78-2337
Property of the U.S. Government
Non-Technical Worker
Policy Manual
250
The Privacy Laws

There is no single law that protects an employee's right to privacy. Instead, pr

otections are
derived from a patchwork quilt of laws that offer some privacy protection in the
workplace.
There is, of course, the fourth amendment to the Constitution, which prohibits
unreasonable search and seizure, but that only protects against the government.
Additionally
laws vary from state to state, and some states give workers more privacy protect
ion than
others. Some states place statutory restrictions on certain types of invasions o
f privacy, such
as random drug tests.
Below are some of the main federal laws, in addition to those that were discusse
d
elsewhere, that provide some privacy protections in the workplace:

The Americans With Disabilities Act: Prohibits employers from requiring physical
examination or requesting medical information prior to a conditional offer of
employment. It requires that physical exams of existing employees be job-related
.
The Electronic Communications Privacy Act: Gives employers the right to monitor
e-mail and voice mail of their employees if the messages are on a system provide
d by
the employer. If the system is provided by an outside supplier, the employer nee
ds
authorization from the sender or receiver of the message to access it.
The Employee Polygraph Protection Act: Restricts the use of lie detector tests i
n the
workplace of most employment settings as a pre-employment screen or for
discharging an employee who refuses to submit to a polygraph test. Exceptions
include security guards working for security firms and firms that work with cont
rolled
substances.
Fair Credit Reporting Act: Requires employers to notify an employee if a credit
check is made and must inform employee if actions are taken based on the report.

The Federal Privacy Act: Covers only federal employees. It requires disclosure t
o
employees of personnel records, allows them to examine, copy and challenge the
information. It restricts contents to current, accurate and relevant information
and
limits access to outsiders.
The Omnibus Crime Control and Safe Streets Act of 1968: Prohibits employers
from listening in on private conversations of employees.
Policy Manual
252