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[109th Congress Public Law 81]
[From the U.S. Government Printing Office]

[DOCID: f:publ081.109]

[[Page 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

[[Page 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:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 151 (2005):
            Sept. 20, considered and passed House.
            Sept. 26, considered and passed Senate.

                                  <all>
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