Page:United States Statutes at Large Volume 106 Part 1.djvu/648

 106 STAT. 616 PUBLIC LAW 102-325—JULY 23, 1992 "(2) The student shall be determined as having the ability to benefit from the education or training in accordance with Effective date. such process as the State shall prescribe. Any such process described or approved by a State for the purposes of this section shall be effective 6 months after the date of submission to the Secretary unless the Secretary disapproves such process. In determining whether to approve or disapprove such process, the Secretary shall take into account the effectiveness of such process in enabling students without high school diplomas or the equivalent thereof to benefit from the instruction offered by institutions utilizing such process, and shall also take into account the cultural diversity, economic circumstances, and educational preparation of the populations served by the institutions. ". 20 USC 1091. (d) VERIFICATION.— Section 484(f) of the Act is amended by adding at the end the following new sentence: "Nothing in this subsection shall preclude the Secretary from verifying all applications for aid tlu-ough the use of any meeins available, including through the exchange of information with any other Federal agency.". (e) Loss OF ELIGIBILITY. — Section 484(g) of the Act is amended— (1) by inserting "(1)" before "No student"; (2) by inserting ", part D" after "part B" each place it appears; (3) by inserting "fraudulentl)^" before "borrowed" each place it appears; and (4) by adding at the end the following new paragraph: "(2) If the institution determines that the student inadvertently borrowed amounts in excess of such annual or aggregate maximum loan limits, such institution shall allow the student to repay any amount borrowed in excess of such limits prior to certifying the student's eligibility for further assistance under this title.". (f) VERIFICATION OF IMMIGRANT STATUS. —Section 484(h) of the Act is amended to read as follows: "(h) VERIFICATION OF IMMIGRATION STATUS. — "(1) IN GENERAL. —The Secretary shall implement a system under which the statements and supporting documentation, if required, of an individual declaring that such individual is in compliance with the requirements of subsection (a)(5) shall be verified prior to the individual's receipt of a grant, loan, or work assistance under this title. "(2) SPECIAL RULE. — The documents collected and maintained by an eligible institution in the admission of a student to the institution may be used by the student in lieu of the documents used to establish both employment authorization and identity under section 274A(b)(l)(B) of the Immigration and Nationality Act (8 U.S.C. 1324a) to verify eligibility to participate in work-study programs under part C of this title. "(3) VERIFICATION MECHANISMS. — The Secretary is authorized to verify such statements and supporting documentation through a data mateh, using an automated or other system, with other Federal agencies that may be in possession of information relevant to such statements and supporting documentation. "(4) REVIEW. — In the case of such an individual who is not a citizen or national of the United States, if the statement described in paragraph (1) is submitted but the documentation required under paragraph (2) is not presented or if the docu-

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