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20 U.S.C. § 1091a — Statute of limitations, and State court judgments
Federal law — U.S. Code and appendices · legal_authorities
**(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 that is seeking to collect a refund due from a student on a grant made, or work assistance awarded, under this subchapter;
(B) a guaranty agency that has an agreement with the Secretary under [section 1078(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078/c&num=0&edition=prelim) 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 D or E 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, or for the repayment of the amount due from a borrower on a loan made under this subchapter that has been assigned to the Secretary under this
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Source file: Laws/federal/codes/united-states-code/title-20/section-1091a-statute-of-limitations-and-state-court-judgments--ed5f78a1ce.md
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Source location: Title 20, Chapter 28, § 1091a; chapter-028-higher-education-resources-and-student-assistance.md
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**(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 that is seeking to collect a refund due from a student on a grant made, or work assistance awarded, under this subchapter;
(B) a guaranty agency that has an agreement with the Secretary under [section 1078(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078/c&num=0&edition=prelim) 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 D or E 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, or for the repayment of the amount due from a borrower on a loan made under this subchapter that has been assigned to the Secretary under this subchapter.
**(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 shall be required to pay, in addition to other charges specified in this subchapter reasonable collection costs;
(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; and
(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 1087cc(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087cc/a&num=0&edition=prelim) 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 that has been assigned or transferred to the Secretary under this subchapter 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.
**(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 subchapter, including interest paid on the student’s behalf, collection costs, or other charges specified in this subchapter.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Institution of higher education** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” means an educational institution in any State that—
(1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of [section 1091(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1091/d&num=0&edition=prelim);
(2) is legally authorized within such State to provide a program of education beyond secondary education;
(3) provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary;
(4) is a public or other nonprofit institution; and
(5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time.
**(b) Additional institutions included** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” also includes—
(1) any school that provides not less than a 1-year program of training to prepare students for gainful employment in a re
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** For the purpose of this subchapter:
(1) **Educational and general expenditures** — The term “educational and general expenditures” means the total amount expended by an institution for instruction, research, public service, academic support (including library expenditures), student services, institutional support, scholarships and fellowships, operation and maintenance expenditures for the physical plant, and any mandatory transfers that the institution is required to pay by law.
(2) **Eligible institution** — The term “eligible institution” means—
(A) an institution of higher education—
(i) that has an enrollment of needy students as required by subsection (b);
(ii) except as provided in [section 1103a(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1103a/b&num=0&edition=prelim), the average educational and general expenditures of which are low, per full-time equivalent undergraduate student, in comparison with the average educational and general expenditures per full-time equivalent undergraduate student of institutions that offer similar instruction;
(iii) that is—
(I) legally authorized to provide, and provides within the State, an educational program for which the institution awards a bachelor’s degree; or
(II) a junior or community college;
(iv) that is accredited by a nationally recognized accrediting agency or association determined by the Secretary to be reliable authority as to the quality of training offered or that is, according to such an agency or association, making reasonable progress toward accreditation;
(v) that meets such other requirements as the Secretary may prescribe; and
(vi) that is located in a State; and
(B) any branch of any
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Federal law — U.S. Code and appendices · legal_authorities
Page 660
TITLE 20—EDUCATION
§ 1091a
XIX of the Social Security Act [subchapters I, IV, X,
XIV, XVI, or XIX of chapter 7 of Title 42, The Public
Health and Welfare], no grant or loan to any under-
graduate student for educational purposes made or in-
sured under any program administered by the Sec-
retary of Education shall be considered to be income or
resources.’’
§ 1091a. Statute of limitations, and State court
judgments
(a) In general
(1) It is the purpose of this subsection to en-
sure 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 limita-
tion, 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 that is seeking to collect a re-
fund due from a student on a grant made, or
work assistance awarded, under this sub-
chapter;
(B) a guaranty agency that has an agree-
ment 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 re-
payment of the amount due from a borrower
on a loan made under part D or E of this sub-
chapter after the default of the borrower on
such lo
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1091a
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.