108TH CONGRESS 

2D SESSION H. R. 5185 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 7, 2004 

Received 

AN ACT 

To temporarily extend the programs under the Higher 

Education Act of 1965. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 5185 RDS 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Higher Education Ex3 tension Act of 2004’’. 

4 SEC. 2. EXTENSION OF PROGRAMS. 

5 (a) EXTENSION OF DURATION TO INCLUDE FISCAL

6 YEAR 2005.—The authorization of appropriations for, and 

7 the duration of, each program authorized under the High8 er Education Act of 1965 (20 U.S.C. 1001 et seq.) shall 

9 be extended through fiscal year 2005. 

10 (b) PERFORMANCE OF REQUIRED AND AUTHORIZED

11 FUNCTIONS.—If the Secretary of Education, a State, an 

12 institution of higher education, a guaranty agency, a lend13 er, or another person or entity— 

14 (1) is required, in or for fiscal year 2004, to 

15 carry out certain acts or make certain determina16 tions or payments under a program under the High17 er Education Act of 1965, such acts, determinations, 

18 or payments shall be required to be carried out, 

19 made, or continued during the period of the exten20 sion under this section; or 

21 (2) is permitted or authorized, in or for fiscal 

22 year 2004, to carry out certain acts or make certain 

23 determinations or payments under a program under 

24 the Higher Education Act of 1965, such acts, deter25 minations, or payments are permitted or authorized 
3 

•HR 5185 RDS 

1 to be carried out, made, or continued during the pe2 riod of the extension under this section. 

3 (c) EXTENSION AT CURRENT LEVELS.—The amount 

4 authorized to be appropriated for a program described in 

5 subsection (a) during the period of extension under this 

6 section shall be the amount authorized to be appropriated 

7 for such program for fiscal year 2004, or the amount ap8 propriated for such program for such fiscal year, which9 ever is greater. Except as provided in any amendment to 

10 the Higher Education Act of 1965 enacted during fiscal 

11 year 2005, the amount of any payment required or author12 ized under subsection (b) in or for fiscal year 2005 shall 

13 be determined in the same manner as the amount of the 

14 corresponding payment required or authorized in or for 

15 fiscal year 2004. 

16 (d) ADVISORY COMMITTEES AND OTHER ENTITIES

17 CONTINUED.—Any advisory committee, interagency orga18 nization, or other entity that was, during fiscal year 2004, 

19 authorized or required to perform any function under the 

20 Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), 

21 or in relation to programs under that Act, shall continue 

22 to exist and is authorized or required, respectively, to per23 form such function during fiscal year 2005. 

24 (e) ADDITIONAL EXTENSION NOT PERMITTED.—Sec25 tion 422 of the General Education Provisions Act (20 
4 

•HR 5185 RDS 

1 U.S.C. 1226a) shall not apply to further extend the au2 thorization of appropriations for any program described 

3 in subsection (a) on the basis of the extension of such pro4 gram under this section. 

5 (f) EXCEPTION.—The programs described in sub6 section (a) for which the authorization of appropriations, 

7 or the duration of which, is extended by this section in8 clude provisions applicable to institutions in, and students 

9 in or from, the Freely Associated States, except that those 

10 provisions shall be applicable with respect to institutions 

11 in, and students in or from, the Federated States of Mi12 cronesia and the Republic of the Marshall Islands only to 

13 the extent specified in Public Law 108–188. 

Passed the House of Representatives October 6, 

2004. 

Attest: JEFF TRANDAHL, 

Clerk.