Page:United States Statutes at Large Volume 105 Part 1.djvu/152

 105 STAT. 124 PUBLIC LAW 102-26—APR. 9, 1991 student shall be eligible to borrow funds under this section until such student has obtained a certificate of graduation from a school providing secondary education, or the recognized equivalent of such certificate.". 20 USC 1091. (2) STUDENT ELIGIBILITY. —Section 484(a)(1) of the Act is amended by inserting before the semicolon at the end thereof the following: ", and not be enrolled in an elementary or secondary school". (3) PROGRAM PARTICIPATION AGREEMENTS. — Section 487(a)(ll) 20 USC 1094. of the Act is amended by striking "which admits" and all that follows through "484(d))," and inserting "whose students receive financial assistance pursuant to section 484(d),". (d) EFFECTIVE DATE.— 20 USC 1078-1 (1) IN GENERAL.—The amendments made by this section shall "°*®- apply to any grant, loan, or work assistance to cover the cost of instruction for periods of enrollment beginning on or after July 1, 1991. (2) ELIMINATION OF CONFLICTING PROVISIONS.—(A) Section 3005 20 USC 1088 and of the Omnibus Budget Reconciliation Act of 1990 is repealed. note, 1091. Sections 484(d) and 481(b) of the Act shall be applied as if such section 3005 had not been enacted. (B) The last proviso of the paragraph under the heading "STUDENT FINANCIAL ASSISTANCE" of title III of Public Law 101-517 (104 Stat. 2213) is repealed. SEC. 3. ELIMINATION OF STATUTE OF LIMITATIONS FOR STUDENT LOAN COLLECTIONS. (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

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