OUTLINE
1.
PART I: YOUR RIGHTS WHEN AN SSN IS REQUESTED
1.1
Question: Do I have to get my newborn Child a social security number?
1.2
Question: Can I claim a tax deduction for dependents without using
Social security numbers?
1.3.
Question: Can I give some other number when I am asked to provide an
SSN?
1.4.
Question: Can I get a TIN?
1.5.
Question: Can I rescind my social security number?
1.5.1
Rescinding Numbers Assigned to Children At Birth:
1.5.2
Applying to Have the SSN Application Removed From an Adult:
1.5.3
The Social Security Administration May Not Remove The Record of Some
SSNs:
1.5.4.
Rescinding an SSN:
1.6
Social Security is Not a Contract:
2.
PART II OBJECTING TO REQUESTS FOR SSNs
2.1
BUSINESSES REQUESTING SSNs
2.1.1
Do I have to give my SSN to "XYZ" Company in order to get
[some service or goods]?
2.1.2.
Do I have to give my employer my SSN?
2.2
GOVERNMENTAL AGENCIES REQUESTS FOR SSNs
2.2.1.
Do I have to give the State my SSN to get a driver's license?
2.2.2
State Driver's License Laws:
2.2.3
Religious Objections to Requirements for a SSN as a Condition for
Licensing:
2.3
QUASI-GOVERNMENTAL ENTITIES REQUESTS FOR SSNs
2.3.1
Banks (Financial Institutions):
2.3.2
U.S. Post Office:
2.3.3
Universities:
2.3.4
Airlines:
2.3.5
Utilities:
3.
PART III NEW FEDERAL FUNDING CONTINGENT REQUIREMENTS
3.1.
What new requirements were imposed by the recently enacted federal
laws?
3.2
Conclusion Regarding New Federal Funding Requirements for SSNs:
4.
PART IV ADDENDUM - WHO NEEDS A SOCIAL SECURITY NUMBER
4.1
Assignment of Social Security Numbers:
4.2
Treaties and Social Security
4.3
Social Security Number Court Cases
4.4
Further reading:
Your Rights
Regarding Social Security Numbers
1.
PART I YOUR RIGHTS WHEN AN SSN IS REQUESTED
1.1.
Question: Do I have to get my newborn child a social security number?
Answer: No. There is no law that requires parents to get a
social security number for their newborn children. The Social Security
Administration was recently asked this very question. In their response
the Assistant Commissioner of Social Security stated:
"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."Many
hospitals automatically generate social security number application
forms (Form SS-5) for newborns before they leave the hospital. This is
done under the "enumeration at birth" program instituted under
the GATT legislation. But hospital personnel are required to ask the
parent if they want to get a SSN for their child. The parent can simply
decline the service. Many people, such as those who give birth at home,
never deal with this hospital paperwork at all. Once a number is
assigned to a child it is difficult if not impossible to get it expunged
from the SSA records. (See "5. Can I rescind my social security
number?" below.)
Subsequent to the "Family Support Act of 1988" (Pub. L.
100-485) some States now require parents to give their Social Security
numbers in order to get a birth certificate for a newborn.As amended,
Title 42 U.S.C. 405(c)(2)(C)(ii) includes the following:"In the
administration of any law involving the issuance of a birth certificate,
each State shall require each parent to furnish to such State (or
political subdivision thereof) or any agency thereof having
administrative responsibility for the law involved, the social 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 Commissioner of Social Security) finds good cause for
not requiring the furnishing of such number. The State shall make
numbers furnished under this sub clause available to the agency
administering the State's plan under part D of subchapter IV of this
chapter in accordance with Federal or State law and regulation. Such
numbers shall not be recorded on the birth certificate."The federal
law (another federal funding-contingent requirement) allows the SSN
requirement to be waived for "good cause." There is no
definition included in the Act for "good cause." And more
importantly, there is absolutely NO PENALTY imposed on anyone for
refusing to provide the "required" [requested] SSNs.
1.2.
Question: Can I claim a tax deduction for dependents without using
Social security numbers?
Answer: Probably not. In 1994 Congress enacted "Uruguay
Round Agreements Act," (H.R.5110, Public Law: 103-465), to
implement certain requirements imposed upon the member nations that
signed on to the NAFTA and GATT treaties. The GATT implementing
legislation includes the following provision: "TITLE VII--
REVENUE PROVISIONS,
Subtitle E - (amendments to the U.S. Code)"SEC. 742.
TAXPAYER IDENTIFICATION NUMBERS REQUIRED AT BIRTH.
"(b) DEPENDENCY EXEMPTION- Subsection (e) of section 6109 is
amended to read as follows:
"`(e) FURNISHING NUMBER FOR DEPENDENTS- Any taxpayer who claims an
exemption under section 151 for any dependent on a return for any
taxable year shall include on such return the identifying number (for
purposes of this title) of such dependent.'"
During floor discussion on passage of this treaty-implementing
legislation, the following exchange took place between Senators Moynihan
and Domenici:
"Mr. DOMENICI: A
final question of special concern is that GATT requires that every
United States citizen receive an identification number at birth, and
that this matter is unrelated and irrelevant to matters of trade. The
answer is that this requirement is included in the implementing language
of GATT; it is not part of the GATT itself. This language was included
in the implementing legislation because to ensure accurate assessments
of income taxes, improper deductions on tax returns must be minimized.
"Mr. MOYNIHAN: It
is the Social Security number.
"Mr. DOMENICI: The
Social Security number, that is right. As a consequence, this section is
designed to reduce tax cheating by people who claim children they do not
have, which has the effect of reducing their taxes. This is important
because it has a significant effect on the amount of tax revenue
collected, which directly correlates with the overall net cost of the
agreement to the U.S. Treasury. Therefore, the United States has decided
that it is critical to maintain an accurate accounting of its taxable
population." [Congressional Record, 1994, Page: S15275]
Additionally, in 1997 Congress passed the "Taxpayer Relief Act
of 1997" -
(HR2014, Public Law: 105-34). Section 101 of the Act entitled
"Child Tax Credit" amended the Internal Revenue Code, Title
26, section 151, subpart A of part IV of subchapter A of chapter 1,
(regarding deductions for dependents), by adding Section (24), so as to
now read:
"(e) No credit
shall be allowed under this section to a taxpayer with respect to any
qualifying child unless the taxpayer includes the name and taxpayer
identification number of such qualifying child on the return of tax for
the taxable year."
Recently, the following letter was sent by the IRS to a family
claiming their children on their tax return without supplying their
social security number:
"Dear Taxpayer:
"This letter is your legal notice that we have disallowed your
claim(s). We can't allow your claim(s) for refund or credit for the
period(s) shown above for the reason(s) listed below.
"PER SECTION 151(e)
STATES THAT EACH DEPENDENT MUST HAVE AN IDENTIFICATION NUMBER IF THEY
ARE BEING CLAIMED AS A DEPENDENT ON THE TAX RETURN. SECTION 152(e) HAS
BEEN CORRECTLY APPLIED. (emphasis added)
"If you want to sue
to recover tax, penalties, or other amounts, you may file a lawsuit with
the United States District Court having jurisdiction or with the United
States Court of Federal Claims. These courts are independent bodies and
have no connection with the Internal Revenue Service.
"The law permits
you to do this within 2 years from the mailing date of this letter. If
you decide to appeal our decision first, the 2-year period still begins
from the mailing date of this letter.
"However, if you
signed an agreement that waived your right to the notice of disallowance
(Form 2297), the period for filing a lawsuit began on the date you filed
the waiver."
The IRS Code states that the "taxpayer identification number,
(TIN)" in certain cases is a social security number. Claims for
dependent children without associated SSNs may be disallowed. (See also
"4. Can I get a TIN?" included in this FAQ.) The 1998, Form
1040 instructions state, regarding dependents, "If you do not enter
the correct SSN, at the time we process your return, we may disallow the
exemption claimed for the dependent."
1.3.
Question: Can I give some other number when I am asked to provide an
SSN?
Answer: Yes, with caveats.
Government Agencies:
Giving ANY false information to a government agency for any reason may
result in prosecution, fines, and even imprisonment. Title 42 U.S. Code,
section 408 imposes fines and penalties for misuse of social security
numbers. Title 18 U.S.
Code, section 1028 imposes criminal penalties and fines for misuse of
government documents. It is a violation of one or more federal laws to
make a misrepresentation to a federal agency.
Private Businesses:
A person may arrange by agreement with a private concern, business, or
enterprise to use a substitute number other than a social security
number, but it should be made clear that the number being used is not an
SSN.
1.4. Question: Can I
get a TIN?
Answer: Only if you are an "alien." A "TIN" (an
IRS "Taxpayer Identification Number") may be assigned ONLY to
"alien" individuals who are not eligible to work in the United
States. Additionally, TINs are issued by the Internal Revenue Service,
unlike the SSN which is the only number issued by the SSA. A TIN is not
an alternative or a "substitute" for a SSN.
The Code of Federal Regulations, Title 26 - Internal Revenue, ChapterI,
Sec. 301.6109-1 titled "Identifying Numbers" states that:
"(a)(1)(i) [T]here are generally three types of taxpayer
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, IRS individual
taxpayer identification numbers take the form 000-00-0000 but begin with
a specific number designated by the IRS, and employer identification
numbers take the form 00-0000000. Both social security numbers and IRS
individual taxpayer identification numbers identify individual
persons... For the definition of IRS individual taxpayer identification
number, see paragraph (d)(3) of this section."
"(d)(3)(i) The term IRS individual taxpayer identification number
means a taxpayer identifying number issued to an alien individual by the
Internal Revenue Service... the term alien individual means an
individual who is not a citizen or national of the United States."
1.5.
Question: Can I rescind my social security number?
Answer: You can only file a request for the SSA to delete the
record of your SSN "application," they will not rescind a SSN
once assigned. The Social Security Act Does Not Require Anyone to Obtain
a SSN: It should be first noted that the Social Security Act does not
require anyone to obtain a Social Security number.
The Social Security Administration has consistently stated as
follows:
"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."
The SSA only says that if someone works without a SSN the agency
cannot correctly credit the person's account for the period in which
they work without a number.
1.5.1
Rescinding Numbers Assigned to Children At Birth:
As stated earlier, many hospitals have (relatively recently) begun
filling out social security number application forms (SSA form SS-5) for
newborn children under the enumeration at birth program. The Social
Security Administration can remove the record of a number being assigned
to a child, however they will resist doing so. In fact, the SSA office
will likely try to intimidate a parent into keeping a number once one
has been assigned. A parent requesting to have a number removed from
their child will be treated in accordance with SSA Policy RM00205.95, as
indicated below:---
SSN ASSIGNED THROUGH
ENUMERATION AT BIRTH RM 00205.95 Parent Objects to Assignment of SSN to
Child Under the Enumeration at Birth (EAB) Program
A. POLICY - SSA does not
change, void or cancel SSNs. In special situations, SSA will delete the
applicant information from the SSN record.
B. PROCEDURE - PARENT
OBJECTS TO SSN
- A parent may object when a child is assigned an SSN via the EAB
program. If a child is issued an SSN card via the EAB program (the
online Numident shows "FMC:6" for Enumeration at Birth items)
and the mother states she answered "no" to the enumeration
question when providing birth information for the newborn, assume that
either the hospital made an error or the State inadvertently keyed
"yes". Explain that the child will need an SSN eventually if
he/she will be listed as a dependent on an income tax return. If the
parent accepts this explanation and will keep the SSN card, stop. If
this explanation is not acceptable explain that on SSA's records, the
record will remain dormant, unless earnings are posted. If the parent
accepts this explanation and will keep the SSN card, stop. If the parent
accepts the explanation but does not want the SSN card:
- repossess and destroy the card (RM 00201.060).
- explain that if the parent later applies for an SSN card for the
child, the same number will be assigned.
C. PROCEDURE - REQUEST
FOR DELETION
If the parent insists that we delete the applicant information from the
SSN record, explain that the deletion action may take several months:
- Document the parent's
objection and advise the parent that the case must be sent to the
central office (C0) for review.- Explain to the parent that if we delete
the applicant information from the SSN record, a subsequent SSN request
(likely before the child is age one) will result in a different SSN. In
addition, if and when the parent files for an SSN for the child in the
future, he/she should enter "no" in item 10 on the SS-5.
- Forward all material pertinent to the situation (including F0
observation and recommendation) to the CO at:
Social Security Administration OPBP, DE, E&E 3-E-26 Operations
Building, 6401 Security Boulevard, Baltimore, Maryland 21235
- Request CO review of the case and take action concerning the parent's
request for deletion of the data from the SSN record. - - Send a copy of
the entire file to the appropriate regional office staff so that they
can discuss ongoing problems with the involved State.
---
[End of Policy Statement]
---
The Social Security Administration will remind the parent that, (as
stated elsewhere in this FAQ) a parent can no longer claim their child
for a "child tax credit" on IRS tax forms without identifying
their child using a SSN. The SSA representative may also say that the
child will need a SSN to enroll in school and in order to work. Although
schools often do ask for a SSN when a child enrolls there is no
requirement that the child must have one in order to go to school. (The
issue of working without a SSN is addressed in this FAQ under Part II,
Number 2: "Do I have to provide a social security number to my
employer?")
With persistence a SSN assigned to a child will likely be removed under
the above procedure.
1.5.2
Applying to Have the SSN Application Removed From an Adult:
If a person decided they do not need or want an SSN, they may request
that SSA delete the record of their SSN application. Since the SSA
policy states that in special situations, SSA will delete the
"application information from the SSN record," the agency
should honor all such requests.
1.5.3
The Social Security Administration May Not Remove The Record of Some
SSNs:
A question was recently posed to the Social Security Administration
regarding rescinding an adult's Social Security number. The Agency's
response indicates that once payments have been made under an assigned
account number, the record of the Social Security number -- and all
information about the person it was assigned to -- will never be removed
from SSA files.
The Social Security Administration policy manual, "RM
00205.095," addresses this issue; it states:
"SSA does not
change, void or cancel SSNs. In special situations, SSA will delete the
application information from the SSN record." This specific SSA
policy statement is in regard to numbers assigned to children at birth.
However, the statement appears to be a "blanket" policy.
Apparently this is the SSA policy with regard to all assigned SSNs.
Accordingly, it appears that the SSA does not delete or remove SSNs from
their records under any circumstance. All indications are that once a
SSN has ever been assigned, the record is permanently maintained by the
Administration.
According to the Social Security Regulations, a person must use a SSN
if they apply for public benefits. An applicant for government benefits
who does not have, or does not use, a SSN will be denied.
In conclusion, once a person has ever been assigned a SSN - and paid
into the Social Security system - they will ALWAYS HAVE A SSN in the
records maintained by the SSA. This fact alone should be enough to make
people choose to NOT get Social Security numbers assigned to their
children. If they do, however, the SSN will remain associated with them
forever. Only in certain cases - and then, only with persistence - will
the SSA remove the record of the "application" for a SSN.
1.5.4. Rescinding an
SSN:
Some people have sent letters to the Social Security Administration
stating that they were "rescinding" their social security
number. They publicly "give it back" so to speak. However, the
Social Security Administration continues to maintain a record pertaining
to each person using their social security account number. It's sort of
analogous to the theme of the pop song "Hotel California" by
the Eagles band where it says, "you can check out anytime you like,
but you can never leave." We are not aware of any cases where the
SSA agreed to expunge an adults records. Neither are we aware of any
occasion where the SSA refunded any amount of contributions.
1.6 Social
Security is Not a Contract:
Some people argue that when they applied for a SSN, they
"unknowingly" entered into a "contract" with SSA and
that by rescinding their number they absolve themselves of any
commitment they may have unknowingly made. But the simple fact is,
Social Security is not a contract. This very important point is clearly
brought out by Larry Becraft in his brief entitled "Comment Upon
Voluntary Nature of Social Security." Therein, he states:
"Is Social Security
a contract? A private insurance policy is clearly a contract because the
policyholder makes a promise to pay money to the insurance company,
which in turn agrees to likewise pay the policyholder if certain
contingencies arise. These "promise to pay" elements are
essential for a contract, but they simply are not present with Social
Security. First, Social Security "payments" are not premium
payments, but are taxes instead.
"Secondly, there is
no corresponding and enforceable 'promise to pay' from the Social
Security Administration to its 'beneficiaries.' [G]overnment contracts
are very special and require an appropriation from Congress before money
can be expended and a contract made. Regarding Social Security, the only
'beneficiaries' who have any claim against the public treasury are those
for whom Congress has already made an appropriation, which can last no
longer than a year. The rest of the Social Security claimants in America
have no enforceable claim on public funds, and all they possess is a
'political promise,' upon which Congress can renege at any moment. If
Congress decided tomorrow to cut off all Social Security, nobody would
have any claim for payment. Thus, Social Security has never been and is
not now a contract."
Simply applying for (and receiving) a Social Security number does not
constitute the making of a contract. And additionally, the Social
Security Administration has never asserted that Social Security was a
"contractual" agreement.
2.
PART II OBJECTING TO REQUESTS FOR SSNs
2.1 BUSINESSES
REQUESTING SSNs
2.1.1
Do I have to give my SSN to "XYZ" Company in order to get
[some service or goods]?
Answer: No, but you may be denied the service or goods.
When an individual and a private company engage in any business
transaction they are actually entering into a contractual agreement -
whether written, stated, or implied. The contractual "terms and
conditions" (which may be included in a written contract or may
simply be a "policy") may include a requirement for a social
security number as a condition to conducting business. In such case it
is totally up to the individual to decide whether or not they want to
conduct business according to the contractual terms. If the person does
not agree to the terms, they will notbe able to conclude the
transaction. It's that simple. There is no "law" specifically
requiring a private company to conduct business with a person who
refuses to comply with their contractual terms - even if it includes a
requirement for a SSN.
The Social Security Administration in their publication "SSA
Publication No. 05-10064", July 1997, regarding business requests
for social security numbers states:
"If a business or
other enterprise asks for your Social Security number, you can refuse to
give it to them. They may have another method of keeping their records.
However, this may mean doing without the benefit or service for which
your number was requested. Giving your Social Security number is
voluntary, even when you are asked for the number directly.
"If requested, you
should ask- "- why your Social Security number is needed; "-
how your Social Security number is going to be used; "- what law
requires you to give your Social Security number; and "- what are
the consequences if you refuse to give your Social Security number.
"Answers to these questions will help you decide whether you want
to give your Social Security number to get the benefit or service. The
decision is yours."
The Social Security Administration recognizes and acknowledges the
fact that in some cases individuals may not be able to "buy or
sell" if they refuse to give out their social security number.
However, many businesses will agree to use a number other than a social
security number if asked to do so.
If you decide to resist giving out your social security number to a
private company but you would like to do business with them anyway, you
need to determine why they want your number. The two most likely answers
are: 1) They simply want a unique nine digit number to enter into a
computer database so that they can identify and distinguish you from
other customers within their record keeping system; or, 2) They want to
obtain a "consumer credit report" for use in determining
whether they want to extend you credit. In the latter case, the business
may have a contract with a credit-reporting agency to
"exchange" information about you and your account, typically
using a SSN. Both of these "reasons" can be satisfied, upon
agreement, without necessitating the use of a SSN. A credit report can
be obtained without using a SSN.
Once it is determined exactly why the business wants to obtain a SSN,
then determine whether an alternative arrangement can be worked out.
The "simple" answer to the question as to whether a person
must give their social security number to engage in some business
transaction is "NO". But the business may refuse to conduct
business with the resistor. The options here are to either: 1) give out
your social security number; 2) do without the goods, benefit, service,
or access; 3) persuade the other party to amend or modify the
contractual terms and conditions; or, 4) sue the other party in court -
the grounds for such suit would have to be determined by tort merits of
the complaint (perhaps discrimination).
2.1.2.
Do I have to give my employer my SSN?
Answer: No. Employment is a form of contractual agreement. Generally,
the same points made in the previous answer regarding contractual
agreements also apply here.
If the terms of employment include a requirement that the employee
must supply their social security number then there are basically four
options available: 1) supply the requested SSN; 2) ask to work out
another arrangement where the SSN isn't required; 3) don't work for that
company; or, 4) sue the business in court.
An employee or job applicant may be able to receive protection from
coerced submission of a SSN for employment purposes by relying on
federal anti-discrimination laws. The Civil Rights Act of 1964 Section
703(a)(1), Title VII, 42 U.S.C. Section 2000e-2(a)(1) makes it unlawful
to discriminate against any employee or perspective employee on the
bases of his or her religion. (This is in addition to the basic
Constitutional First Amendment protection of the free exercise of
religion.)
In 1992 a complaint was filed with the Equal Employment Opportunity (EEOC)
by a Mr. Hanson, wherein he claimed as a "Christian
Fundamentalist" he could not obtain or use a SSN. The EEOC filed
suit against the business that fired Mr. Hanson on his behalf. The suit
claimed that firing Mr. Hanson due to his not having or getting a SSN
constituted discrimination due to his religious belief. The business
claimed that they were required to either force Mr. Hanson to get a SSN
or fire him because they were required by certain IRS Code sections and
regulations to report all employees' SSNs on certain IRS forms. The
business also responded that it was required by federal law to report
all employees' SSNs to the Immigration and Naturalization Service (INS).
The EEOC countered that the only requirement imposed upon a
businesses by the various tax laws was that employers must
"request" an employee's or potential employee's taxpayer
identification number, and that there was be no penalty for a business
not succeeding in obtaining one. The EEOC, itself a federal government
agency, stated in its "Plaintiff's Response to Defendant's Motion
to Dismiss" that:
"the Internal
Revenue Code and the regulations promulgated pursuant to the code do not
contain an absolute requirement that an employer provide an employee
social security number to the IRS."
The EEOC further argued that employers were permitted to use any one
of several acceptable forms of identification and employment eligibility
verification other than a SSN and still comply with the Immigration
Reform Act requirements.
The Court denied the employer's motion to dismiss the complaint. A
settlement was later reached in which Mr. Hanson was awarded back pay.
The Court's final decree setting out the terms of the settlement stated
that: "The [employer] shall be permanently enjoined from
terminating an employee for failure to provide a social security number
because of religious beliefs."
A sincerely held religious belief may serve as a valid basis for
objecting to requirements for a social security number for employment
purposes. A business could be found guilty of discrimination for taking
adverse action against an employee or applicant due to their refusal to
use or obtain a SSN.
2.2
GOVERNMENTAL AGENCIES REQUESTS FOR SSNs
2.2.1.
Do I have to give the State my SSN to get a driver's license?
See the following URL to read what the Social Security
Administration says about this subject:
http://ssa-custhelp.ssa.gov/cgi-bin/ssa.cfg/php/enduser/std_adp.php?p_refno=001101-000011&p_created=973082930
(The answers addressed in this section apply equally to State
"Voter Registration" and "Blood Banks," in that the
same sections of law reviewed herein are worded similarly for these two
additional State administered functions.)
Answer: No, but you may be unlawfully denied the license depending on
the particular State you live in. Driver licensing, voter registration,
and blood donation laws vary from state to state. Federal, state, and
local laws regulate what information may or may not obtained from
individuals by governmental agencies. These laws govern how and when
information may be requested as well as what uses may or may not be made
of the personal information collected by government agencies.
By far the most common "governmental" request for social
security numbers comes from state driver's licensing agencies.
When someone applies for a driver's license and objects to giving out
their SSN the license administrator will often respond, "Federal
law requires that we must get it," or "Federal law authorizes
us to get it." So, to answer the questions regarding use of SSNs by
government agencies we must first look at the controlling
"Federal" laws.
Title 42 of the United States Code, Section 405(c)(2)(C)(i)
"PERMITS" States to use social security numbers in the
administration of their driver licensing programs. However, this is not
a federal "requirement" that States must obtain social
security numbers when issuing driver's licenses. Therefore, Title 42
U.S.C. 405(c)(2)(C)(i) is not an "authority" for states to
require SSNs. The Social Security Administration addressed this fact in
their publication "SSA Publication No. 05-10002", October
1996, which states:
"You should not use
your Social Security card as an identification card.
However, several other government agencies [other than SSA] are
permitted by law to use Social Security numbers, but there is no law
either authorizing or prohibiting their use."
As shown in the above quoted publication, several government agencies
are "PERMITTED" by law to use social security numbers, but
THERE IS NO LAW "AUTHORIZING" such use. An important recent
U.S. Supreme Court decision reaffirmed the fact that the federal
government cannot compel [force] states to enforce a federal regulatory
program - such as requiring SSNs. In the case "Sheriffs Mack and
Printz v. The United States," June 27, 1997, the nation's highest
court stated:
"We held in
"New York" that Congress cannot compel the States to enact or
enforce a federal regulatory program. Today we hold that Congress cannot
circumvent that prohibition by conscripting the State's officers
directly. The Federal Government may neither issue directives requiring
the States to address particular problems, nor command the States'
officers, or those of their political subdivisions, to administer or
enforce a federal regulatory program. It matters not whether
policymaking is involved, and no case-by-case weighing of the burdens or
benefits is necessary; such commands are fundamentally incompatible with
our constitutional system of dual sovereignty."
Under the Printz line of U.S. Supreme Court cases the federal
government cannot, even if it wanted to, force states to obtain a social
security numbers as a condition to getting a driver's license. To do so
would constitute a federal subjugation of each State law-making
lawmaking authority in direct violation of the fundamental and
historical legal principle of "dual sovereignty".
However, Congress HAS enacted a multitude of new laws (all connected
to federal funding) which do require states to comply with federal
"guidelines" in order to receive federal money. Several of
these new laws include "requirements" that the states must
enact state laws requiring their licensing agencies to obtain social
security numbers. Funding contingent type laws are so relatively new
that the U.S. Supreme Court has not ruled on their constitutionality.
The U.S. Supreme Court did, however, comment on this very issue in
Printz, and the Court indicated that the practice of enacting federal
funding contingent laws is as unconstitutional as the direct commands
themselves. (More on these type laws can be found below in Part III of
this FAQ in the section entitled: NEW FEDERAL REQUIREMENTS FOR SOCIAL
SECURITY NUMBERS.) We can safely conclude that Title 42 U.S. Code,
Section 405(c)(2)(C)(i) does not, and cannot impose a requirement that
the states must obtain social security numbers from driver's license
applicants.
The next point to consider then is whether there are any federal
regulatory requirements which "regulate" the use of social
security numbers when a State is "permitted" or
"allowed" to obtain them for any purpose.Then we must
determine whether or not the "regulatory" law is
"inconsistent," with section 405(c)(2) clause (i).
This brings us to the Privacy Act. The Privacy Act of 1974 By far the
most significant Federal law regulating the uses that may be made of
social security numbers is the "Privacy Act of 1974" (Pub. L.
93-579, Section 7). The Privacy Act clearly "regulates" the
use of social security numbers by federal, state, and local government
agencies. Section 7 of the Act states:
''(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.
and,
''(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.''
An adjacent section of the
Privacy Act found at 7(a)(2) states:
''(a)(2) [The]
provisions of paragraph (1) of this subsection shall not apply with
respect to... any disclosure which is required by Federal
statute..."
As can be seen here, The Privacy Act at Section 7(a)(2) provides an
exception to the prohibitive statement in paragraph (1), (the absolute
prohibition against any federal, state, or local agency denying to any
individual a benefit, right, or privilege due to their refusal to
disclose their social security number). The key words used in the
exception are found in the phrase "required by federal
statute." As we saw in "Printz," the federal government
cannot enact laws "compelling" (or requiring) a State to
obtain SSNs. Which means that federal law cannot "require" a
state agency to obtain social security numbers. Therefore, the
"exception" found at 7(a)(2) does not, (and cannot), apply to
state requests for SSNs.
Title 42 U.S.C. section 405(c)(2)(C)(v) also states:
"(v) If and to the
extent that any provision of Federal law heretofore enacted is
inconsistent with the policy set forth in clause (i), such provision
shall, on and after October 4, 1976, be null, void, and of no
effect."
Paragraph, "(i)" is the permissive clause of Section 405
reviewed earlier which "allows" or "permits" the
states to use a social security number for their driver's licensing
programs. There is nothing "inconsistent" with the above
interpretation. In fact, any other interpretation would create
inconsistencies. Hence, there is nothing "inconsistent" with
the federal regulatory provisions of the Privacy Act with regards to the
"permissive" clause found in 42 U.S.C. section 405(c)(2)(C)(i).
It follows then that while 42 U.S.C. section 405(c)(2)(C)(i) does permit
states to use social security numbers in the administration of their
driver licensing programs, they must comply with the Privacy Act
requirements and prohibitions. Unfortunately, many states are not
complying. (It must be assumed that since the SSN is a federally
assigned number, federal laws can be used to regulate and restrict its
use.)
Are there any penalties for misuse of a person's social security
number by a state agency? In fact, there are.
Title 42 U.S. Code, section
408(a)(8) states:
"[Whoever] 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."
2.2.2 State
Driver's License Laws:
Some States have enacted State laws requiring social security numbers
as a condition for being issued a driver's license. Some states even use
a person's social security number as the driver's license number. Most
of these states, (but not all), have policies or laws which allow the
use of alternative numbers when requested. In either case, when states
require a social security number under the authority of state law, they
are supposed to be regulated by the requirements and prohibitions
contained within the Federal Privacy Act of 1974, Section 7.
Currently, a person living in a state with laws requiring a social
security number as a condition to getting a driver's license may have
only one recourse - should they decide to force the issue they may have
to file a lawsuit. As of this writing (2/0/99) two such suits are
pending on appeal in both California and Alabama. (See "Religious
Objections to Social Security Number Requirements" below.)
Of special note: A few states recently passed legislation which
actually PROHIBITS the use of social security numbers for purposes
related to the issuance of a driver's licenses. Most notably, Georgia
and Louisiana in 1997, both enacted State laws prohibiting their State's
licensing agency from obtaining a SSN from driver's license applicants.
The answer to the driver's license question is: No federal law
"compels," "authorizes," or directly
"requires" states to obtain social security numbers from
driver's license applicants. Even if such a federal law did exist -
based upon recent U.S. Supreme Court decisions – states would be in
violation of fundamental, court adjudicated constitutional principles
should they decide to enforce it. All requirements for social security
numbers by state government agencies, for any purpose, must comply with
the regulatory requirements stipulated in the federal Privacy Act of
1974 prohibiting states from denying any right, benefit, or
privilegebecause of an individual's refusal to disclose his social
security account number. Whenever a state does request a SSN it must
provide the Privacy Act "notice" identifying: the uses that
will be made of the number; whether supplying the SSN is mandatory or
voluntary; and, the statutory authority for the request.
2.2.3
Religious Objections to Requirements for a SSN as a Condition for
Licensing:
Several people have already won court cases objecting on religious
grounds to State requirements for a SSN as a condition to receiving a
driver's license. In "Leahy v. District of Columbia" Circuit
Judge Ruth Bader Ginsburg, (now a U.S. Supreme Court Justice), wrote the
Court's opinion upholding John C. Leahy's religious objection to
providing his social security number in order to get a driver's license.
Also, as recently as October 1997, five plaintiffs sued the City of Los
Angeles, on religious objection grounds, objecting to the State's
requirement that driver's license applicants must provide a social
security number as a condition to getting a license. They won the case
in the State Superior Court but the State is currently appealing. A
similar case is pending in Alabama on appeal.
2.3
QUASI-GOVERNMENTAL ENTITIES REQUESTS FOR SSNs
4.Do I have to give banks and non-governmental entities a social
security number?
Answer: No (For the purpose of this FAQ, entities such as banks and
utility companies are classified as "quasi-governmental"
entities. Public schools and universities, banks, utility companies,
libraries, and even airlines are also grouped in this class. All of
these entities generally provide social services and are typically
regulated by federal, state, or local laws. The Postal Service is also
classified in this group because they are regulated under the banking
laws when issuing postal money orders.)
As publicly regulated entities these "quasi-governmental"
entities must also comply with the requirements and prohibitions of the
Privacy Act. However, here again, not all of them do. (See "Yeager
v. Hackensack under "Social Security Number Related Court
Cases" in the FAQ Addendum.) Each "misuse" of a social
security number by one of these entities must be challenged on a case-by
case basis. This may necessitate a lawsuit.
2.3.1 Banks
(Financial Institutions):
Banks may deny service or resist opening an account or transferring
funds for an individual who does not provide a social security number
when requested. Banks are required by federal regulations to make and
file certain reports on the purchase of money orders and other transfers
of funds. This requirement is in furtherance of the federal Financial
Crimes Enforcement Network (FinCEN) laws. As of January 16, 1996, Title
31 USC Sec. 5325, Subtitle IV - Chapter 53 - Subchapter II, imposes a
requirement upon financial institution for the filling of reports for
certain financial transactions.
Title 31 USC Sec. 5325 Section 5325, titled "Identification
required to purchase certain monetary instruments" states that:
"(a) No financial institution may issue or sell a bank check,
cashier's check, traveler's check, or money order to any individual in
connection with a transaction or group of such contemporaneous
transactions which involves United States coins or currency... in
amounts or denominations of $3,000 or more unless the individual has a
transaction account with such financial institution... or the individual
furnishes the financial institution with such forms of identification as
the Secretary of the Treasury may require in regulations..."
The regulations state that banks must request a social security
number when establishing a bank account for an individual and from
anyone that does not have an established account seeking to obtain
"bank checks, cashier's checks, traveler's checks, or money
orders." Pursuant to Title 31, Code of Federal Regulations, Section
103.34, banks are required to ask for the Social Security number when
opening a bank account or issuing a certificate of deposit for a new
customer. But "in the event that a bank has been unable to secure,
within the 30-day period specified, the required identification, 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
ofthose persons from whom it has been unable to secure such
identification, and makes the names, addresses, and account numbers of
those persons available to the Secretary as directed by him." This
provision applies also to purchases of bank checks, cashier's checks,
traveler's checks, or money orders without providing a SSN.
Under the federal regulations (with the exception of casinos and the
Postal Service) financial institutions are required to file
"reports" for all financial transactions in amounts of
$10,000.00 or more. And all institutions which issue or sell "bank
checks and drafts, cashier's checks, money orders and traveler's
checks" must file a report on all purchases made by a single person
totaling $3,000.00 or more.
The Code of Federal Regulations, Title 31, section 103, states
that(as of July 1, 1997):
"Subpart A -
Definitions "Sec. 103.11 Meaning of terms.
"(l) Established
customer. A person with an account with the financial institution,
including a loan account or deposit or other asset account, or a person
with respect to which the financial institution has obtained and
maintains on file the person's name and address, as well as taxpayer
identification number (e.g., social security or employer identification
number) or, if none, alien identification number or passport number and
country of issuance, and to which the financial institution provides
financial services relying on that information."
"Subpart B--Reports Required To Be Made "Sec. 103.20
Determination by the Secretary.
"The Secretary hereby determines that the reports required by this
subpart have a high degree of usefulness in criminal, tax, or regulatory
investigations or proceedings."
"Sec. 103.22
Reports of currency transactions.
"(a)(1) Each
financial institution other than a casino or the Postal Service shall
file a report of each deposit, withdrawal, exchange of currency or other
payment or transfer, by, through, or to such financial institution which
involves a transaction in currency of more than $10,000."
"Sec. 103.28
Identification required (for filing reports).
"Before concluding
any transaction with respect to which a report is required under 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 the social security or taxpayer
identification number, if any, of any person or entity on whose behalf
such transaction is to be effected..."
"Sec. 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 bank check or
draft, cashier's check, money order or traveler's check for $3,000 or
more in currency unless it maintains records of the following
information: (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..."
2.3.2 U.S. Post Office:
The U.S. Postal Service has implemented a policy (again to implement
the requirements of the federal Financial Crimes Enforcement Network (FinCEN)
laws) requiring Postal employees to report "suspicious
activities" when selling Postal Money Orders. Anyone attempting to
purchase a Postal Money Order in amounts over $3,000.00 is requested to
provide a SSN which is to be included on their Form 8105A. Anyone who
resists or is reluctant about providing their SSN will be reported on
Postal Form 8105B. A Money Order purchased without supplying an SSN is
considered "suspicious activity" according to the new Postal
guidelines.
2.3.3 Universities:
Universities are regulated by the Privacy Act. Furthermore, the U.S.
Supreme Court ruled in "Plyler v. Doe", [457 U.S.202 (1982)]
that requiring SSNs from students was discriminatory. The ruling must be
enforced "equally," which means that the prohibition against
universities requiring social security numbers from students applies to
all students. Most universities still expect students to have and to use
an SSN. Some schools will even try to coax new students into filling out
an SSN application form, but most schools and universities will
accommodate an alternative proposal. And none may deny admittance based
on the lack of an SSN.
2.3.4 Airlines:
Title 14 CFR 121.693(e), administered by the Federal Aviation
Administration (FAA), requires operators of large aircraft to collect
passenger names for each flight. In recent years, air carriers have
begun to routinely check identification for every passenger. Currently,
there is no requirement that airlines collect, record, or copy
information from identification documents.
Section 203 of Public Law 101-604 (49 USC 44909) provides that the
Secretary of Transportation shall require all United States air carriers
to provide passenger manifests for flights. The statute further notes
that the Secretary of Transportation shall consider the necessity and
feasibility of requiring United States carriers to collect passenger
manifest information as a condition for passenger boarding of any flight
subject to the passenger manifest requirements.
On September 9, 1996, Vice President Al Gore submitted an initial
report to President Clinton from the White House Commission on Aviation
Safety and Security with recommendations regarding passenger manifests.
Recommendation 15 states: The Commission believes that Section 203 of
the 1990 Aviation Security Improvement Act, which requires airlines to
keep a comprehensive passenger manifest for international flights,
should be implemented as quickly as possible. While Section 203 does not
apply to domestic flights, the Commission urges the Department of
Transportation to explore immediately the costs and effects of a similar
requirement on the domestic aviation system. The Final Report of the
Congress, issued February 12, 1997, contained the same recommendation.
On March 13, 1997 the Department of Transportation entered an
"Advance Notice of Proposed Rulemaking (ANPRM)(Volume 62, Number
49) for the purpose of requesting information concerning operational and
cost issues related to U.S. air carriers collecting basic information
(e.g., full name, date of birth and/or social security number, emergency
contact and telephone number) from passengers traveling on flights
within the United States. This proposal is being issued pursuant to the
Aviation Disaster Family Assistance Act of 1996. As of the date of this
writing, the proposed rule which would require airlines to collect SSN
from domestic passengers has not been finally adopted. Under present
laws and regulations the airlines are not required to get social
security numbers from passengers, but policy appears to be trending in
that direction.
2.3.5 Utilities:
On June 25, 1985, a group of residential customers filed a complaint
against the Hackensack New Jersey water company alleging violations of
their constitutionally and statutorily protected privacy rights.
Specifically, the plaintiffs claimed that the information sought by the
water company, (which included the customer's social security number),
was protected by the Privacy Act of 1974, Pub.L. No. 93-579, section 7.
In the final order the court ruled that in this particular case the
Privacy Act did regulate the actions of the privately operated water
company, Hackensack, to the extent that it functioned under State or
Local regulations.
3.
PART III NEW FEDERAL FUNDING CONTINGENT REQUIREMENTS
3.1.
What new requirements were imposed by the recently enacted federal laws?
Answer: Several. [see below] Although, the U.S. Supreme Court
ruled in "Printz" that the federal government may not
"compel" states to enforce federal regulatory programs,
Congress has nevertheless recently engaged in a practice of
"strong-arming" the states by threatening to withhold federal
funding if the they do not conform to federal funding guidelines.
Examples of the federal strong-arm tactics are widespread.
Public Law 104-193 ("The Contract With America, Welfare Reform
Act"):
Title 42 U.S. Code, section 666 entitled " Child Support and
Establishment of Paternity" is a prime example of federal
"enticement" legislation. This section of federal law was
amended by Public Law 104-193, "The Welfare Reform Act of
1996," and further amended by the "Balanced Budget Act of
1997," (H.R.2015) so as to now read as follows:
"42 U.S. Code
Section 666.
"(a) In order to
satisfy section 654(20)(A) [the funding contingentrequirements] of this
title, each State must have in effect laws requiring the use of the
following procedures...:
"(13) Procedures requiring that the social security number of-
"(A) any applicant
for a professional license, driver's license, occupational license, or
marriage license be recorded on the application..."
The above section appears to impose a requirement upon the states to
obtain SSNs from applicants for, among other things, driver's licenses.
But, remember that this is a "funding contingent" requirement.
And remember also that the Privacy Act regulates the uses that may be
made of SSNs by local and state agencies.
Another clause within 42 U.S. Code section 666(a) (as most recently
amended by the Balanced Budget Act of 1997) requires that states must
have in place: "(16) Procedures under which the State has (and uses
in appropriate cases) authority to withhold or suspend, or to restrict
the use of driver's licenses, professional and occupational licenses,
and recreational licenses of individuals owing overdue support or
failing... to comply with subpoenas or warrants relating to paternity or
child support proceedings."
In order to locate individuals and suspend their licenses, states
will typically "key" on social security numbers (since Child
Support Enforcement agencies use SSNs in the administration of their
payment program).
Section 666 also requires that states must have provisions in place
which allow the state's Child Support Enforcement Agency to attach an
individual's financial holdings. This also is accomplished using an
individual's social security number.
Even private utilities such as, electric, cable television, and phone
service providers must make customer records and information available
to each state's Child Support Enforcement agency. This information will
be accessed using a customer's SSN if they have one on file.
Public Law 104-193 also established the "New Hires
Directory" – yet another imposition upon the states as a
condition to receiving federal funding. Under the New Hires program
states must establish and maintain a database directory known as the
"State Directory of New Hires." Each state must enact laws
requiring every employer to report each newly hired employee - along
with their social security number - to the state's New Hires Directory.
Public Law 104-208 (Immigration Reform Act):
Another law passed in 1996, Public Law 104-208, imposes an unprecedented
"threat" to the states regarding driver's licenses. Section
656 provides that after October 1, 2000, federal agencies may not accept
for any identification-related purpose a driver's license issued by a
state unless the license contains a social security account number that
can be read visually or by electronic means. The only exception for this
requirement is if the State does not require the license or document to
contain a social security account number but requires that: "every
applicant for a driver's license, or identification document, must
submit their social security account number; and an agency of the state
verifies the number withthe Social Security Administration." Due to
strong public objections, as part of the 1999 budget legislation
Congress placed a one-year moratorium on implementation of this
provision.
Public Law 104-208 included several new enactments intended to
crackdown on illegal immigration and unlawful employment of illegal
immigrants. PL104-208 established what's known as the "Employment
Eligibility Confirmation System".
And, the law provided for the establishment of the "Machine
Readable Document" pilot program as part of the Employment
Eligibility Confirmation System. The Machine Readable Document pilot
program requires that the documents used to confirmemployment
eligibility must be machine-readable and must contain the individual's
social security number. Only a few States are presently participating in
this pilot program.
3.2
Conclusion Regarding New Federal Funding Requirements for SSNs:
State requirements for SSNs - based on funding contingent federal
enactments - are very new. States may take the position that they are
not bound by the Privacy Act prohibitions regarding the use of social
security numbers because, they will argue: "federal law
requires" or "authorizes" them to obtain social security
numbers. However, none of the above cited sections of recently enacted
federal law constitute "authority" for the states to demand
social security numbers. Court challenges will likely be necessary in
order to settle the matter regarding these relatively new types of
federally implemented "coercion" laws.
4.
PART IV ADDENDUM - WHO NEEDS A SOCIAL SECURITY NUMBER
4.1
Assignment of Social Security Numbers:
The section of federal law that addresses issuance and assignment of
social security numbers is found at Title 42 U.S. Code, Section 405(c)(B)(i),
(Pub. Law 92-603, 86 Stat. 1329, Section 137 of the Social Security
Amendments of 1972).
Here, it states that the Commissioner of Social Security is to take
affirmative measures to assure that social security account numbers
will, "to the maximum extent practicable," be assigned to all
members of the appropriate groups or categories ofindividuals who m ay
be assigned numbers.
The law provides that the "appropriate" classes of
individual to whom the Commissioner may assign social security numbers
are: aliens; individuals who want to receive federal benefits;
(including children who fall into either of those two classes); and the
children of members of either of those two classes.
Code of Federal
Regulations
301.6109-1 "(d)
Obtaining a taxpayer identifying number-
"(1) Social
security number."Any individual required to furnish a social
security number pursuant to paragraph (b) of this section shall apply
for one, if he has not done so previously, on Form SS-5... 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 pursuant to
paragraph (b) of this section.
"(2) Employer
identification number- [snip] "(3) IRS individual taxpayer
identification number-
"(i) Definition.
"The term IRS
individual taxpayer identification number means a taxpayer identifying
number issued to an alien individual by the Internal Revenue Service,
upon application, for use in connection with filing requirements under
this title. The term IRS individual taxpayer identification number does
not refer to a social security number..."
"(iii)An applicant
for an IRS individual taxpayer identification number must submit such
documentary evidence as the Internal Revenue Service may prescribe in
order to establish alien status and identity."
Note that individual "Taxpayer Identification Numbers, TINs"
may only be issued to "alien individuals" who may not be
issued a social security number as you will see below. The application
for a "TIN," the W-7, plainly states on the face and in the
instructions that only "aliens" may apply for a TIN.
If you apply for a social security number for yourself or for your
child, you must either file under the "alien" status, or
otherwise it is assumed that you are, or expect to be, a recipient of
some federal benefit.
In fact, if a person not qualified to receive a social security number
and nevertheless applies for one, they may in violation of Title 42 U.S.
Code Section 408 for falsely claiming eligibility, or Title 18 U.S.
Code, section 1028 for misuse of government documents.
Federal Requirements for Social Security Numbers:Applicants for public
benefits must have and use a social security number in order to receive
the benefit.
Title 42 U.S. Code, Section 405(c)(F) states:
"(F) The Commissioner of Social Security shall require, as a
condition for receipt of benefits under this subchapter, that an
individual furnish satisfactory proof of a social security account
number assigned to such individual by the Commissioner of Social
Security or, in the case of an individual to whom no such number has
been assigned, that such individual make proper application for
assignment of such a number."
Courts have ruled that in
order to receive government benefits from any federally funded benefit
program - even if the funds are State administered - a person must use a
social security number when applying. In the case of "PEISTER v.
STATE of Colorado, DEPARTMENT OF SOCIAL SERVICES," Peister
objected, based on freedom of religion grounds, to using a social
security number in order to get Colorado's Old Age Pension benefits. The
court ruled that a person must use their social security number in order
to receive benefits under the State's Old Age Pension Benefits Program.
4.2 Treaties
and Social Security
A reference to social security is included in the United Nation's
"UNIVERSAL DECLARATION OF HUMAN RIGHTS" treaty. Article 22 of
the treaty declares that: "Everyone, as a member of society, has
the right to social security and is entitled to realization, through
national effort and international co-operation and in accordance with
the organization and resources of each State, of the economic, social
and cultural rights indispensable for his dignity and the free
development of his personality."
Another treaty, the UN's "INTERNATIONAL COVENANT ON CIVIL AND
POLITICAL RIGHTS," Article 24 states:
"2. Every child shall be registered immediately after birth and
shall have a name."
Social Security is Global As a consequence of various international
treaties, every industrialized nation has instituted a national
"social security" program. Under the GATT agreements, every
signatory country is required to "register" (number) all child
at birth.
Presently, over 170 countries currently have a social security system
in place. The list includes every major country in the world. In terms
of population, the world's 10 largest countries which have a social
security system are:
1. China
1,210,000,000
2. India
968,000,000
3. United States
268,000,000
4. Indonesia
210,000,000
5. Brazil
165,000,000
6. Russia
148,000,000
7. Pakistan
132,000,000
8. Japan
126,000,000
9. Bangladesh
125,000,000
10. Nigeria
107,000,000
Followed by the next 15 largest countries: Germany, Mexico, Italy,
France, Philippines, Turkey, Thailand, Egypt, Spain, South Korea,
Poland, Iran, Burma, El Salvador, and Ethiopia, each with a population
of between 30 and 80 million people.
The complete list of Countries with existing Social Security programs
includes:
Afghanistan, Albania, Algeria, Andorra, Antigua-Barbuda,
Argentina,Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain,
Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bermuda, Bolivia,
Botswana, Brazil, British Virgin Islands, Bulgaria, Burkina Faso, Burma
(Myanmar), Burundi, Cameroon, Canada, Cape Verde, Central African
Republic, Chad, Chile, China, Colombia, Congo (Brazzaville),Congo
(Kinshasa), Costa Rica, Cote d'Ivoire, Croatia, Cuba, Cyprus, Czech
Republic, Denmark, Dominica, Dominican Republic, Ecuador, Egypt, El
Salvador, Equatorial Guinea, Estonia, Ethiopia, Fiji, Finland, France,
Gabon, Gambia, Georgia, Germany, Ghana, Greece, Grenada, Guatemala,
Guernsey, Guinea, Guyana, Haiti, Honduras, Hong Kong, Hungary, Iceland,
India, Indonesia, Iran, Iraq, Ireland, Israel, Italy,Jamaica, Japan,
Jersey, Jordan, Kazakhstan, Kenya, Kiribati, Korea-South, Kuwait,
Kyrgystan, Latvia, Lebanon, Liberia, Libya, Liechtenstein, Lithuania,
Luxembourg, Madagascar, Malawi, Malaysia, Mali, Malta, Marshall Islands,
Mauritania, Mauritius,Mexico, Micronesia, Federated States of Moldova,
Monaco, Morocco, Nepal, Netherlands, New Zealand, Nicaragua, Niger,
Nigeria, Norway, Oman, Pakistan, Palau, Panama, Papua, New Guinea,
Paraguay, Peru, Philippines, Poland, Portugal, Romania, Russia, Rwanda,
Saint Kitts & Nevis, Saint Lucia, Saint Vincent and the Grenadines,
San Marino, Sao Tome and Principe, Saudi Arabia, Senegal, Serbia and
Montenegro, Seychelles, Sierra Leone, Singapore, Slovakia, Slovenia,
Solomon Islands, Somalia, South Africa, Spain, Sri Lanka, Sudan,
Swaziland, Sweden, Switzerland, Syria, Taiwan, Tanzania, Thailand, Togo,
Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Uganda, Ukraine,
United Kingdom, United States, Uruguay, Uzbekistan, Vanuatu, Venezuela,
Vietnam, Western Samoa, Yemen, Zambia, and Zimbabwe [http://www.ssa.gov/statistics/ssptw97.html]
4.3
Social Security Number Court Cases
- Callahan v. Woods 1981 religious objection to requirement that a
minor must obtain a social security number to receive federal
benefits.
- Callahan v. Woods 1984 again Callahan objected to a requirement
that he get a social security number for his minor daughter.
- Yeager v. Hackensack 1985 case based on constitutional and Privacy
Act objections to a New Jersey independent water company requirement
for SSN.
- Leahy v. District of Columbia 1987 religious objection to
the required use of social security number.
- Greidinger v. Davis 1993 objection to requirement to divulge a SSN
as a condition to vote.
The Privacy Act The privacy Act of 1974 (Public Law
93-579) Section 7 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 individual's refusal to disclose his social security
account number.
''(2) the
(The) provisions of paragraph (1) of this subsection shallnot apply with
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 agency
maintaining a system of records in existence and operating before
January 1, 1975, if such disclosure was required under statute or
regulation adopted prior to such date 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.'' END
4.4 Further
reading: