§ 1091a. Statute of limitations, and State court judgments

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1986

   Higher Education Act of 1965

   Pub. L. 89–329 title IV § 484A · 79 Stat. 1219

   Enacted · 20 U.S.C. § 1091a

   Pub. L. 89–329, title IV, § 484A, as added Pub. L. 99–498, title IV, § 407(a), Oct. 17, 1986, 100 Stat. 1482

   Source evidence

   Code source credit
   Pub. L. 89–329, title IV, § 484A, as added Pub. L. 99–498, title IV, § 407(a), Oct. 17, 1986, 100 Stat. 1482

2. 1991

   Higher Education Technical Amendments of 1991

   Pub. L. 102–26 § 3(a) · 105 Stat. 123

   1. Amended · 20 U.S.C. § 1091a(a)

      Pub. L. 102–26 amended subsec. (a) generally

   2. Substituted · 20 U.S.C. § 1091a(a)

      Pub. L. 102–26 substituting provisions eliminating statute of limitations for student loan collections for provisions establishing six year limitations period for collection of such loans

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–26 amended subsec. (a) generally, substituting provisions eliminating statute of limitations for student loan collections for provisions establishing six year limitations period for collection of such loans.

   Enacted provision · exact public law section
   (a) Amendment.— Section 484A(a) of the Act (20 U.S.C. 1091a(a)) is amended to read as follows: “(a) In General.— (1) It is the purpose of this subsection to ensure that obligations to repay loans and grant overpayments are enforced without regard to any Federal or State statutory, regulatory, or administrative limitation on the period within which debts may be enforced. “(2) Notwithstanding any other provision of statute, regulation, or administrative limitation, no limitation shall terminate the period within which suit may be filed, a judgment may be enforced, or an offset, garnishment, or other action initiated or taken by— “(A) an institution that receives funds under this title that is seeking to collect a refund due from a student on a grant made, or work assistance awarded, under this title; “(B) a guaranty agency that has an agreement with the Secretary under section 428(c) that is seeking the repayment of the amount due from a borrower on a loan made under part B of this title after such guaranty agency reimburses the previous holder of the loan for its loss on account of the default of the borrower; “(C) an institution that has an agreement with the Secretary pursuant to section 453 or 463(a) that is seeking the repayment of the amount due from a borrower on a loan made under part D or E of this title after the default of the borrower on such loan; or “(D) the Secretary, the Attorney General, or the administrative head of another Federal agency, as the case may be, for payment of a refund due from a student on a grant made under this title, or for the repayment of the amount due from a borrower on a loan made under this title that has been assigned to the Secretary under this title.”.

3. 1998

   Higher Education Amendments of 1998

   Pub. L. 105–244 § 484(1) · 112 Stat. 1581

   Inserted · 20 U.S.C. § 1091a

   Pub. L. 105–244, § 484(1), inserted “, and State court judgments” after “limitations” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 105–244, § 484(1), inserted “, and State court judgments” after “limitations” in section catchline.

   Enacted provision · exact public law section
   (1) in the heading of the section by inserting “, and state court judgments” after “limitations”; and

   Effective date note
   Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of this title.

4. 1998

   Higher Education Amendments of 1998

   Pub. L. 105–244 § 484(2) · 112 Stat. 1581

   Added · 20 U.S.C. § 1091a(c)

   Pub. L. 105–244, § 484(2), added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 105–244, § 484(2), added subsec. (c).

   Enacted provision · exact public law section
   (2) by adding at the end the following: “(c) State Court Judgments.— A judgment of a State court for the recovery of money provided as grant, loan, or work assistance under this title that has been assigned or transferred to the Secretary under this title may be registered in any district court of the United States by filing a certified copy of the judgment and a copy of the assignment or transfer. A judgment so registered shall have the same force and effect, and may be enforced in the same manner, as a judgment of the district court of the district in which the judgment is registered.”.

   Effective date note
   Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of this title.

5. 2008

   Higher Education Opportunity Act

   Pub. L. 110–315 § 486(1) · 122 Stat. 3078

   Added · 20 U.S.C. § 1091a(b)(3)

   Pub. L. 110–315, § 486(1), added par. (3)

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 110–315, § 486(1), added par. (3).

   Enacted provision · exact public law section
   (1) in subsection (b)— (A) in paragraph (1), by striking “and” after the semicolon; (B) in paragraph (2), by striking the period and inserting “; and”; and (C) by adding at the end the following: “(3) in collecting any obligation arising from a loan made under part E, an institution of higher education that has an agreement with the Secretary pursuant to section 463(a) shall not be subject to a defense raised by any borrower based on a claim of infancy.” ; and

6. 2008

   Higher Education Opportunity Act

   Pub. L. 110–315 § 486(2) · 122 Stat. 3078

   Added · 20 U.S.C. § 1091a(d)

   Pub. L. 110–315, § 486(2), added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 110–315, § 486(2), added subsec. (d).

   Enacted provision · exact public law section
   (2) by adding at the end the following: “(d) Special Rule.— This section shall not apply in the case of a student who is deceased, or to a deceased student’s estate or the estate of such student’s family. If a student is deceased, then the student’s estate or the estate of the student’s family shall not be required to repay any financial assistance under this title, including interest paid on the student’s behalf, collection costs, or other charges specified in this title.” .

6 of 7 references resolved to an enrolled provision · 1 partial