[United States Statutes at Large, Volume 118, 108th Congress, 2nd Session]
[From the U.S. Government Printing Office, www.gpo.gov]

118 STAT. 1741

Public Law 108-366
108th Congress

An Act


 
To temporarily extend the programs under the Higher Education Act of
1965. NOTE: Oct. 25, 2004 -  [H.R. 5185]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress NOTE: Higher Education Extension
Act of 2004. 20 USC 1001 note. assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Higher Education Extension Act of
2004''.

SEC. 2. EXTENSION OF PROGRAMS.

NOTE: Appropriations authorization. (a) Extension of Duration
to Include Fiscal Year 2005.--The authorization of appropriations for,
and the duration of, each program authorized under the Higher Education
Act of 1965 (20 U.S.C. 1001 et seq.) shall be extended through fiscal
year 2005.

(b) Performance of Required and Authorized Functions.--If the
Secretary of Education, a State, an institution of higher education, a
guaranty agency, a lender, or another person or entity--
(1) is required, in or for fiscal year 2004, to carry out
certain acts or make certain determinations or payments under a
program under the Higher Education Act of 1965, such acts,
determinations, or payments shall be required to be carried out,
made, or continued during the period of the extension under this
section; or
(2) is permitted or authorized, in or for fiscal year 2004,
to carry out certain acts or make certain determinations or
payments under a program under the Higher Education Act of 1965,
such acts, determinations, or payments are permitted or
authorized to be carried out, made, or continued during the
period of the extension under this section.

(c) Extension at Current Levels.--The amount authorized to be
appropriated for a program described in subsection (a) during the period
of extension under this section shall be the amount authorized to be
appropriated for such program for fiscal year 2004, or the amount
appropriated for such program for such fiscal year, whichever is
greater. Except as provided in any amendment to the Higher Education Act
of 1965 enacted during fiscal year 2005, the amount of any payment
required or authorized under subsection (b) in or for fiscal year 2005
shall be determined in the same manner as the amount of the
corresponding payment required or authorized in or for fiscal year 2004.
(d) Advisory Committees and Other Entities Continued.--Any advisory
committee, interagency organization, or other entity that was, during
fiscal year 2004, authorized or required to perform any function under
the Higher Education Act of 1965 (20 U.S.C.


[[Page 1742]]
118 STAT. 1742

1001 et seq.), or in relation to programs under that Act, shall continue
to exist and is authorized or required, respectively, to perform such
function during fiscal year 2005.
(e) Additional Extension not Permitted.--Section 422 of the General
Education Provisions Act (20 U.S.C. 1226a) shall not apply to further
extend the authorization of appropriations for any program described in
subsection (a) on the basis of the extension of such program under this
section.
(f) Exception.--The NOTE: Applicability. programs described in
subsection (a) for which the authorization of appropriations, or the
duration of which, is extended by this section include provisions
applicable to institutions in, and students in or from, the Freely
Associated States, except that those provisions shall be applicable with
respect to institutions in, and students in or from, the Federated
States of Micronesia and the Republic of the Marshall Islands only to
the extent specified in Public Law 188.

Approved October 25, 2004.

LEGISLATIVE HISTORY--H.R. 5185:
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CONGRESSIONAL RECORD, Vol. 150 (2004):
Oct. 6, considered and passed House.
Oct. 9, considered and passed Senate.