I 

108TH CONGRESS 

2D SESSION H. R. 5185 

To temporarily extend the programs under the Higher Education Act of 

1965. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 30, 2004 

Mr. BOEHNER (for himself and Mr. MCKEON) introduced the following bill; 

which was referred to the Committee on Education and the Workforce 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Higher Education Ex5 tension Act of 2004’’. 

6 SEC. 2. EXTENSION OF PROGRAMS. 

7 (a) EXTENSION OF DURATION TO INCLUDE FISCAL

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

9 the duration of, each program authorized under the High-
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1 er Education Act of 1965 (20 U.S.C. 1001 et seq.) shall 

2 be extended through fiscal year 2005. 

3 (b) PERFORMANCE OF REQUIRED AND AUTHORIZED

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

5 institution of higher education, a guaranty agency, a lend6 er, or another person or entity— 

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

8 carry out certain acts or make certain determina9 tions or payments under a program under the High10 er Education Act of 1965, such acts, determinations, 

11 or payments shall be required to be carried out, 

12 made, or continued during the period of the exten13 sion under this section; or 

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

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

16 determinations or payments under a program under 

17 the Higher Education Act of 1965, such acts, deter18 minations, or payments are permitted or authorized 

19 to be carried out, made, or continued during the pe20 riod of the extension under this section. 

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

22 authorized to be appropriated for a program described in 

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

24 section shall be the amount authorized to be appropriated 

25 for such program for fiscal year 2004, or the amount ap-
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1 propriated for such program for such fiscal year, which2 ever is greater. The amount of any payment required or 

3 authorized under subsection (b) in or for fiscal year 2005 

4 shall be determined in the same manner as the amount 

5 of the corresponding payment required or authorized in 

6 or for fiscal year 2004. 

7 (d) ADVISORY COMMITTEES AND OTHER ENTITIES

8 CONTINUED.—Any advisory committee, interagency orga9 nization, or other entity that was, during fiscal year 2004, 

10 authorized or required to perform any function under the 

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

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

13 to exist and is authorized or required, respectively, to per14 form such function during fiscal year 2005. 

15 (e) ADDITIONAL EXTENSION NOT PERMITTED.—Sec16 tion 422 of the General Education Provisions Act (20 

17 U.S.C. 1226a) shall not apply to further extend the au18 thorization of appropriations for any program described 

19 in subsection (a) on the basis of the extension of such pro20 gram under this section. 

21 (f) EXCEPTION.—The programs described in sub22 section (a) for which the authorization of appropriations, 

23 or the duration of which, is extended by this section in24 clude provisions applicable to institutions in, and students 

25 in or from, the Freely Associated States, except that those 
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1 provisions shall be applicable with respect to institutions 

2 in, and students in or from, the Federated States of Mi3 cronesia and the Republic of the Marshall Islands only to 

4 the extent specified in Public Law 108–188. 

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