Page:United States Statutes at Large Volume 100 Part 4.djvu/1042

 100 STAT. 3388

PUBLIC LAW 99-603—NOV. 6, 1986

"(5) If the Secretary determines, after complying with the requirements of paragraph (4), that such an individual is not in a satisfactory immigration status— "(A) the Secretary shall deny or terminate the individual's eligibility for financial assistance, and "(B) the applicable fair hearing process shall be made available with respect to the individual. In this subsection and subsection (e), the term 'Secretary' refers to the Secretary and to a public housing authority or other entity which makes financial assistance available. "(e) The Secretary shall not take any compliance, disallowance, penalty, or other regulatory action against an entity with respect to any error in the entity's determination to make an individual eligible for financial assistance based on citizenship or immigration status— "(1) if the entity has provided such eligibility based on a verification of satisfactory immigration status by the Immigration and Naturalization Service, "(2) because the entity, under subsection (d)(4)(A)(ii), was required to provide a reasonable opportunity to submit documentation, "(3) because the entity, under subsection (d)(4)(B)(ii), was required to wait for the response to the Immigration and Naturalization Service to the entity's request for official verification of the immigration status of the individual, or "(4) because of a fair hearing process described in subsection (d)(5)(B).". (3) UNDER TITLE IV EDUCATIONAL ASSISTANCE.—Section 484 of

Ante. p. 1480. Grants. Loans.

the Higher Education Act of 1965 (20 U.S.C. 1091) is amended by adding at the end the following new subsections: "(c) The following conditions apply with respect to an individual's receipt of any grant, loan, or work assistance under this title as a student at an institution of higher education: "(I)(A) There must be a declaration in writing to the institution by the student, under penalty of perjury, stating whether or not the student is a citizen or national of the United States, and, if the student is not a citizen or national of the United States, that the individual is in a satisfactory immigration status. "(B) In this subsection, the term 'satisfactory immigration ' status' means an immigration status which does not make the student ineligible for a grant, loan, or work assistance under this title. "(2) If the student is not a citizen or national of the United ' States, there must be presented to the institution either— ' "(A) alien registration documentation or other proof of immigration registration from the Immigration and Natu> ralization Service that contains the individual's alien i»l admission number or alien file number (or numbers if the individual has more than one number), or "(B) such other documents as the institution determines (in accordance with guidelines of the Secretary) constitutes _^ reasonable evidence indicating a satisfactory immigration status. "(3) If the documentation described in paragraph (2)(A) is presented, the institution shall utilize the individual's alien file or alien admission number to verify with the Immigration and

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