Here is the second letter I got from the Social Security Administration when I appealed the quality of the first response.

                            [Letterhead]
TEH2B                     November 18, 1997

Mr. Neil McIver
Number 102
210 River Way Court
Owings Mills, Maryland  21117



Dear Mr. McIver:

This is in response to your recent letter about the Social 
Security Number (SSN).

The Social Security Act does not require a person to have an
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 
emplyees' earnings.  In addition, people filing tax returns
for taxable years after December 31, 1994, generally must
include the SSN of each dependent.

The Privacy Act regulates the use of SSNs by government
agencies.  They may require an SSN only if a law or 
regulation either orders or authorizes them to do so.
Agencies are required to disclose the authorizing law or
regulation.  If the request has no legal basis, the person 
may refuse to provide the number and still receive the
agency's services.  However, the law does not apply to 
private sector organizations.  Such an organization can
refuse its services to anyone who does not provide the number
on request.

We hope you find this information helpful.  If we can be of
further assistance, please let us know.

                              Sincerely

                              [signed]

                              Charles H. Mullen
                              Associate Commissioner
                              Office of Public Inquiries

The below was last updated March 9, 1998.

This response was much better than the last one. Almost everything here is consistent with that advocated by Save-A-Patriot Fellowship.

The second paragragh lays it right out. An SSN is NOT required to live and work in the United States! Right from the horse's mouth. As happy as I am to point this gem out, I have to say it's not quite true. The Social Security Act does say that aliens are to be issued numbers upon entry into the United States, so "a person" described above must be a citizen and not an alien. So much for accuracy.

The third paragragh states that a number must be obtained to put on any tax documents that are required to be filed. Please note that it does not say that individuals are required to file tax documents, only that any documents filed should have a number put on them. So if one is not required to file tax documents, then one absolutely does not need an SSN.

So if one with a requirement to file a federal form does not have an SSN, and the form requires one, must that person apply for an SSN?

No.

An information request (a form) cannot lawfully require someone to take affirmative action or waive a right. If the application for an SSN is required by law, it must exist as a law passed by Congress, and must be supported by the Constitution. So it comes right back to the basic question: What statuatory law requires people to apply for an SSN?

The application for an SSN is done on a form SS-5. The Office of Management and Budget (OMB), pursuent to the Paperwork Reduction Act of 1980, has indicated that the filing of the SS-5 is "required to obtain or retain a benefit" when given that choice and the choices "voluntary" and "mandatory".

Conclusion: If one is required by law to complete a form that requests an SSN, that does not create a requirement to apply for an SSN. There is no law requiring citizens to apply for an SSN. If I were this person, I would put "none" in place of the SSN.

As for the requirement to furnish one's number to others such as an employer or bank, what is stated is correct -- IF the company in question has an absolute requirement to obtain that person's number. An employer (with an EIN) is required to ask for a number to complete it's paperwork, but if it does not obtain one, it need only submit the forms to the IRS with a statement that a number was requested but not received. This procedure is laid out in 26 CFR 301.6109-1(c).

Disclaimer: As I am not a licensed attorney, I cannot give legal advice, but I do not need a license to show what the law says.