[United States Statutes at Large, Volume 119, 109th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

119 STAT. 2048

Public Law 109-81
109th Congress

An Act


 
To temporarily extend the programs under the Higher Education Act of
1965, and for other purposes.  NOTE: Sept. 30, 2005 -  [H.R. 3784]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress  NOTE: Higher Education Extension
Act of 2005.  assembled,

SECTION 1.  NOTE: 20 USC 1001 note.  SHORT TITLE.

This Act may be cited as the ``Higher Education Extension Act of
2005''.

SEC. 2.  NOTE: 20 USC 1001 note.  EXTENSION OF PROGRAMS.

(a) Extension of Duration.--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 December
31, 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 or 2006, the amount of any
payment required or authorized under subsection (b) in or for the period
of the extension under this section 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

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119 STAT. 2049

that was, during fiscal year 2004, authorized or required to perform any
function under the Higher Education Act of 1965 (20 U.S.C. 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 for the period of the extension under this section.
(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 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 108-188.

Approved September 30, 2005.

LEGISLATIVE HISTORY--H.R. 3784:
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CONGRESSIONAL RECORD, Vol. 151 (2005):
Sept. 20, considered and passed House.
Sept. 26, considered and passed Senate.