 
      CHAPTER 28--HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
 
                    SUBCHAPTER IV--STUDENT ASSISTANCE
 
   Part F--General Provisions Relating to Student Assistance Programs
 
Sec. 1091a. Statute of limitations, and State court judgments


(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 subchapter and 
    part C of subchapter I of chapter 34 of title 42 that is seeking to 
    collect a refund due from a student on a grant made, or work 
    assistance awarded, under this subchapter and part C of subchapter I 
    of chapter 34 of title 42;
        (B) a guaranty agency that has an agreement with the Secretary 
    under section 1078(c) of this title that is seeking the repayment of 
    the amount due from a borrower on a loan made under part B of this 
    subchapter 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 1087c or 1087cc(a) of this title that is seeking 
    the repayment of the amount due from a borrower on a loan made under 
    part C or D of this subchapter 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 subchapter and 
    part C of subchapter I of chapter 34 of title 42, or for the 
    repayment of the amount due from a borrower on a loan made under 
    this subchapter and part C of subchapter I of chapter 34 of title 42 
    that has been assigned to the Secretary under this subchapter and 
    part C of subchapter I of chapter 34 of title 42.

(b) Assessment of costs and other charges

    Notwithstanding any provision of State law to the contrary--
        (1) a borrower who has defaulted on a loan made under this 
    subchapter and part C of subchapter I of chapter 34 of title 42 
    shall be required to pay, in addition to other charges specified in 
    this subchapter and part C of subchapter I of chapter 34 of title 42 
    reasonable collection costs; and
        (2) in collecting any obligation arising from a loan made under 
    part B of this subchapter, a guaranty agency or the Secretary shall 
    not be subject to a defense raised by any borrower based on a claim 
    of infancy.

(c) State court judgments

    A judgment of a State court for the recovery of money provided as 
grant, loan, or work assistance under this subchapter and part C of 
subchapter I of chapter 34 of title 42 that has been assigned or 
transferred to the Secretary under this subchapter and part C of 
subchapter I of chapter 34 of title 42 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.

(Pub. L. 89-329, title IV, Sec. 484A, as added Pub. L. 99-498, title IV, 
Sec. 407(a), Oct. 17, 1986, 100 Stat. 1482; amended Pub. L. 102-26, 
Sec. 3(a), Apr. 9, 1991, 105 Stat. 124; Pub. L. 105-244, title IV, 
Sec. 484, Oct. 7, 1998, 112 Stat. 1737.)


                            Prior Provisions

    A prior section 1091a, Pub. L. 89-329, title IV, Sec. 484A, as added 
Pub. L. 99-272, title XVI, Sec. 16033, Apr. 7, 1986, 100 Stat. 355, 
related to statute of limitations, collection costs, and defense of 
infancy, prior to the general revision of this part by Pub. L. 99-498.
    Another prior section 1091a, Pub. L. 89-329, title V, Sec. 502, as 
added Pub. L. 90-35, Sec. 2(c), June 29, 1967, 81 Stat. 82; amended Pub. 
L. 91-230, title IV, Sec. 401(h)(4), title VIII, Sec. 802, Apr. 13, 
1970, 84 Stat. 174, 190; Pub. L. 92-318, title I, Sec. 141(c)(1)(A), 
June 23, 1972, 86 Stat. 285, established the National Advisory Council 
on Education Professions Development and set forth functions, 
composition, etc., of the Council, prior to repeal by Pub. L. 94-482, 
title I, Sec. 151(a)(2), (b), Oct. 12, 1976, 90 Stat. 2151, effective 
Sept. 30, 1976.


                               Amendments

    1998--Pub. L. 105-244, Sec. 484(1), inserted ``, and State court 
judgments'' after ``limitations'' in section catchline.
    Subsec. (c). Pub. L. 105-244, Sec. 484(2), added subsec. (c).
    1991--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.


                    Effective Date of 1998 Amendment

    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.


                    Effective Date of 1991 Amendment

    Section 3(c) of Pub. L. 102-26, as amended by Pub. L. 102-325, title 
XV, Sec. 1551, July 23, 1992, 105 Stat. 838, provided that: ``The 
amendments made by this section [amending this section] shall be 
effective as if enacted by the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (Public Law 99-272), and shall apply to any 
actions pending on or after the date of enactment of the Higher 
Education Technical Amendments of 1991 [Apr. 9, 1991].''
