119 STAT. 2048 PUBLIC LAW 109–81—SEPT. 30, 2005

Public Law 109–81

109th Congress

An Act

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

and for other purposes.

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 2005’’.

SEC. 2. 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

20 USC 1001

note.

20 USC 1001

note.

Higher Education

Extension Act of

2005.

Sept. 30, 2005

[H.R. 3784]

PUBLIC LAW 109–81—SEPT. 30, 2005 119 STAT. 2049

LEGISLATIVE HISTORY—H.R. 3784:

CONGRESSIONAL RECORD, Vol. 151 (2005):

Sept. 20, considered and passed House.

Sept. 26, considered and passed Senate.

Æ

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.