[Code of Federal Regulations]
[Title 34, Volume 3]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR668.36]

[Page 457-458]
 
                           TITLE 34--EDUCATION
 
                         DEPARTMENT OF EDUCATION
 
PART 668--STUDENT ASSISTANCE GENERAL PROVISIONS--Table of Contents
 
                     Subpart C--Student Eligibility
 
Sec. 668.36  Social security number.

    (a)(1) Except for residents of the Federated States of Micronesia, 
the Republic of the Marshall Islands, and the Republic of Palau, the 
Secretary attempts to confirm the social security number a student 
provides on the Free Application for Federal Student Aid (FAFSA) under a 
data match with the Social Security Administration. If the Social 
Security Administration confirms that number, the Secretary notifies the 
institution and the student of that confirmation.
    (2) If the student's verified social security number is the same 
number as the one he or she provided on the FAFSA, and the institution 
has no reason to believe that the verified social security number is 
inaccurate, the institution may consider the number to be accurate.
    (3) If the Social Security Administration does not verify the 
student's social security number on the FAFSA, or the institution has 
reason to believe that the verified social security number is 
inaccurate, the student can provide evidence to the institution, such as 
the student's social security card, indicating the accuracy of the 
student's social security number. An institution must give a student at 
least 30 days, or until the end of the award year, whichever is later, 
to produce that evidence.
    (4) An institution may not deny, reduce, delay, or terminate a 
student's eligibility for assistance under the title IV, HEA programs 
because verification of that student's social security number is 
pending.
    (b)(1) An institution may not disburse any title IV, HEA program 
funds to a student until the institution is satisfied that the student's 
reported social security number is accurate.

[[Page 458]]

    (2) The institution shall ensure that the Secretary is notified of 
the student's accurate social security number if the student 
demonstrates the accuracy of a social security number that is not the 
number the student included on the FAFSA.
    (c) If the Secretary determines that the social security number 
provided to an institution by a student is incorrect, and that student 
has not provided evidence under paragraph (a)(3) of this section 
indicating the accuracy of the social security number, and a loan has 
been guaranteed for the student under the FFEL program, the institution 
shall notify and instruct the lender and guaranty agency making and 
guaranteeing the loan, respectively, to cease further disbursements of 
the loan, until the Secretary or the institution determines that the 
social security number provided by the student is correct, but the 
guaranty may not be voided or otherwise nullified before the date that 
the lender and the guaranty agency receive the notice.
    (d) Nothing in this section permits the Secretary to take any 
compliance, disallowance, penalty or other regulatory action against--
    (1) Any institution of higher education with respect to any error in 
a social security number, unless the error was the result of fraud on 
the part of the institution; or
    (2) Any student with respect to any error in a social security 
number, unless the error was the result of fraud on the part of the 
student.

(Authority: 20 U.S.C. 1091)