The second citation appears in your letter as "42 USC (C) (iv)", but this appears to lack section, subsection and paragraph numbers. I presume it was intended to read "42 USC 405 (c) (2) (C) (iv)", but this portion of the law pertains to the Federal Crop Insurance Act and does not appear to have anything to do with driver licensing. However, I did notice 42 USC 405 (c) (2) (C) (vi), and it contains the following:

For purposes of clause (i) of this subparagraph, an agency of a State (or political subdivision thereof) charged with the administration of any general public assistance, driver's license, or motor vehicle registration law which did not use the social security account number for identification under a law or regulation adopted before January 1, 1975, may require an individual to disclose his or her social security number to such agency solely for the purpose of administering the laws referred to in clause (i) above and for the purpose of responding to requests for information from an agency operating pursuant to the provisions of part A or D of subchapter IV of this chapter.

I will presume from this that the federal statutes you claim to be the authority for the Bureau of Driver Licensing to solicit social security account numbers to be 42 USC 405 (c) (2) (C) (i) and 42 USC 405 (c) (2) (C) (vi). Please notify me immediately if this is not correct.

Now that a federal statute has been provided as required by the Privacy Act, I would like to call your attention once again to another important detail found within section 7 of this same Act. It contains the following:

(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.

Please note that all government agencies are required to furnish statutory authority with each and every request for a social security number. This must be done whether or not such authority is requested by the person from whom the solicitation is made. My experience at the PennDOT licensing office in York is that this was not being done as of this past August. There, I witnessed social security numbers routinely solicited without any citation of federal authority. Now please take note of 42 USC 408(a)(8), which I enclosed to you in my previous correspondence:

(a) In general
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.

Since the Bureau of Driver Licensing is apparently not in the practice of providing federal authority for soliciting social security numbers as required by the Privacy Act, we can see that what has apparently become a common practice within PennDOT is actually a felony crime.

I'm sure that you are at least as concerned as I am about our fellow citizens who are within your employ that routinely collect social security numbers from unsuspecting applicants. I am sure you will want to work quickly to remove them, as well as whatever person(s) in executive authority that ordered them to make such solicitations from harm's way. I would imagine you could do this by either prominently posting the federal authority within your driver license centers, distributing printed literature to each and every applicant for a driver's license, or both. I think it not unreasonable that these things could be completed within every driver license center within the Commonwealth of Pennsylvania fairly short order. Of course, what actions you take are up to you. You may choose to not alter your procedures at all if you feel the Privacy Act does not require you to do this.

Now, with that matter closed, I need to discuss with you my particular circumstance. I wish to apply for a driver's license, but I have no social security number. As you outlined in your letter, section 1510(f) of the Pennsylvania Vehicle Code states that I must provide a waiver from the federal government permitting me not to have a social security number.

Please find enclosed a copy of a letter I received from the Social Security Administration. This is the same copy I sent you on 3 prior occasions. Note the following quote:

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.

I provide a copy of this letter as a waiver for your records. It addition, I have reviewed Title 42 USC 405(c)(2)(B)(i), which follows:

In carrying out the Commissioner's duties under subparagraph (A) and subparagraph (F), the Commissioner of Social Security shall take affirmative measures to assure that social security account numbers will, to the maximum extent practicable, be assigned to all members of appropriate groups or categories of individuals by assigning such numbers (or ascertaining that such numbers have already been assigned):
(I) to aliens at the time of their lawful admission to the United States either for permanent residence or under other authority of law permitting them to engage in employment in the United States and to other aliens at such time as their status is so cha nged as to make it lawful for them to engage in such employment;

(II) to any individual who is an applicant for or recipient of benefits under any program financed in whole or in part from Federal funds including any child on whose behalf such benefits are claimed by another person;

These 2 groups of people are the only people I am aware of to which the Commissioner of Social Security is specifically and lawfully authorized to issue social security numbers. Since I do not fall into either of these categories, I am lawfully permitted "not to have a social security number". For that matter, you should also realize that no natural born citizen of any of the 50 states is required to have a social security number, which certainly accounts for a vast majority of those that apply for driver licenses. In addition to the letter from the Social Security Administration, I present to you Title 42 USC 405(c)(2)(B)(i), or for that matter, all 50 titles of the United States Code as a second waiver permitting me not to have a social security number.

Finally, you point out your authority to require a Taxpayer Identification Number along with the waiver. To that I point out 42 CFR (Code of Federal Regulations) 301.6109- 1(d)(4)(i), which states in part:

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. The individual can use the social security number for all tax purposes under this title, even though the individual is, or later becomes, a nonresident alien individual. Further, any individual who has an application pending with the Social Security Administration will be issued an IRS individual taxpayer identification number only after the Social Security Administration has notified the individual that a social security number cannot be assigned.

To summarize, no law requires me to have a social security number, and I choose not to obtain one, even though I am eligible to obtain one. Because I am eligible to obtain a social security number, I am not permitted to have a taxpayer identification number. Because I am not permitted to have a taxpayer identification number, it is impossible for me to furnish you one with the waiver.

If the waivers I have provided to you are insufficient, please tell me why they are insufficient. Please also tell me what form a proper waiver needs to take, what branch, department, agency or office of the federal government must issue the waiver, what federal form the waiver must be printed on, who must sign the waiver, and any other specific features a proper waiver must possess. It would be most helpful if you could supply me with an example of waivers you have accepted for this purpose in the past.

If either of the waivers I provided you is sufficient, please tell me what further information you require, if any, to allow me to apply for a driver's license. I expect that whatever information you require to be, of course, in compliance with federal and state law. If no further information is required, please inform me when your York office will be willing to process my application for a driver's license. Until I receive a response from you, it will be presumed they will not be willing to do so.

Thank you for your attention in all of these important matters. Again, because of lost time, your response to me on these issues is most urgent. Please be advised that my Maryland driver's license will expire on November 7, 1998. While I regret this matter will likely not be resolved before the end of that time, I am hopeful that a solution can still be reached. But be advised, as I stated to the Honorable Michael Waugh, I fully intend to exercise whatever "Right, benefit or privilege" to drive beyond November 7, 1998, which I still retain under the Privacy Act of 1974 due to your failure to comply with federal law in a timely manner. I will also hold the Commonwealth of Pennsylvania and/or the Bureau of Driver's licensing responsible for any damages I may directly or indirectly suffer for the same, whether such damages are incurred within or without the state of Pennsylvania. I will also work tirelessly to ensure that this responsibility will be shared by any Pennsylvania state law enforcement agency that may conspire with you to deny me my rights in violation of the Privacy Act of 1974, insofar as both Parties fall under the responsibility of Governor Tom Ridge.

Any facts contained herein which are not rebutted within 10 (ten) days of your receipt of this letter will be presumed to be true and correct. Thank you for you time, and for accepting the role of public servant for the good citizens of Pennsylvania. I look forward to your prompt response.

Sincerely,

Cornelius J. McIver

Encl: copy, my letter to the Bureau of Drivers Licensing, August 19, 1998
Encl: copy, my letter to the Bureau of Drivers Licensing, September 21, 1998
Encl: copy, my letter to Rep Mike Waugh, October 24, 1998
Encl: copy, your letter to me, October 29, 1998
Encl: copy, Social Security Administration to me, November 18, 1997

Cc:

Governor Tom Ridge

Pennsylvania State Police

Representative Michael Waugh

All information presented here is done so under the protection of the First, Fourth, Ninth, and Tenth Amendment of the United States Constitution, and article I section 2 of the Constitution of the Commonwealth of Pennsylvania. Furthermore, as established in the famous trial of William Penn in August 1670, and contrary to the unlawful instructions given by most American judges, in addition to judging the facts of a case, juries also have the right and duty to pass judgement on the law (meaning they may acquit a violator of the law if they believe the law in question is unconstitutional, immoral, just plain stupid, or if the penalty is deemed too harsh). Juries are also lawfully free to vote according to their conscience, above all other considerations.