PUBLIC LAW 108–366—OCT. 25, 2004 118 STAT. 1741

Public Law 108–366

108th Congress

An Act

To temporarily extend the programs under the Higher Education Act of 1965.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Higher Education Extension

Act of 2004’’.

SEC. 2. EXTENSION OF PROGRAMS.

(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.

Appropriations

authorization.

Higher Education

Extension Act of

2004.

20 USC 1001

note.

Oct. 25, 2004

[H.R. 5185]

118 STAT. 1742 PUBLIC LAW 108–366—OCT. 25, 2004

LEGISLATIVE HISTORY—H.R. 5185:

CONGRESSIONAL RECORD, Vol. 150 (2004):

Oct. 6, considered and passed House.

Oct. 9, considered and passed Senate.

Æ

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 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.

Applicability.