Page:United States Statutes at Large Volume 100 Part 1.djvu/391

 PUBLIC LAW 99-272—APR. 7, 1986

100 STAT. 355

"(b) In order to be eligible to receive any loan under this title (other than a loan under section 428B or 428C) for any period of 20 USC 1078-2. enrollment, a student who is not a graduate or professional student ^"^e- P- 343. (as defined in regulations of the Secretary), and who is enrolled in a program at an institution which has a participation agreement with the Secretary to make awards under subpart 1 of part A of this title, shall— "(1) have received a determination of eligibility or ineligibility for a grant under such subpart 1 for such period of enrollment; or "(2) have (A) filed an application with the Pell Grant processor for such institution for such enrollment period; and (B) received from the financial aid administrator of the institution a preliminary determination of the student's eligibility or ineligibility for a grant under such subpart 1.". (c) CONFORMING AMENDMENT.—Section 428(a)(2)(C)(i) of the Act is

20 USC 1078.

amended by striking out "subparts 1 and 2 of part A," and inserting in lieu thereof "subpart 1 of part A (as determined in accordance with section 484(b)), subpart 2 of part A,". SEC. 16033. STATUTE OF LIMITATIONS.

Part F of title IV of the Act is amended by adding immediately after section 484 the following new section: STATUTE OF LIMITATIONS

"SEC. 484A. (a) Notwithstanding any provision of State law that would set an earlier deadline for filing suit— "(1) an institution which receives funds under this title may file suit for collection of a refund due from a student on a grant made or work assistance awarded under this title during a period of time extending at least until a date six years (exclusive of periods during which the State statute of limitations period otherwise applicable to the suit would be tolled under State law) after the date the refund first became due; "(2) a guaranty agency which has an agreement with the Secretary under section 428(c) may file suit for collection of the amount due from a borrower on a loan made under part B of this title during a period of time extending at least until a date six years (exclusive of periods during which the State statute of limitations period otherwise applicable to the suit would be tolled under State law) after the date such guaranty agency reimburses the previous holder of the loan for its loss on account of the default of the borrower; and "(3) an institution which has an agreement with the Secretary pursuant to section 463(a) may file suit for collection of the amount due from a borrower on a loan made under part E of this title during a period of time extending at least until a date six years (exclusive of periods during which the State statute of limitations period otherwise applicable to the suit would be tolled under State law) after the date of the default of the borrower with respect to that amount; and "(4) subject to the provisions of section 2416 of title 28 of the United States Code, the Attorney General may file suit— "(A) for payment of a refund due from a student on a grant made under this title until six years following the date on which the refund first became due;

20 USC 1091a. Grants. Claims.

20 USC 1078. 20 USC 1071.

20 USC 1087CC. 20 USC 1088.

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