108TH CONGRESS
2D SESSION
H. R. 5185
AN ACT
To temporarily extend the programs under the
Higher Education Act of 1965.
108TH CONGRESS
2D SESSION
H. R. 5185
AN ACT
To temporarily extend the programs under the Higher
Education Act of 1965.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Higher Education Ex-
tension 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 High-
er 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 lend-
er, or another person or entity—
(1) is required, in or for fiscal year 2004, to
carry out certain acts or make certain determina-
tions or payments under a program under the High-
er Education Act of 1965, such acts, determinations,
or payments shall be required to be carried out,
made, or continued during the period of the exten-
sion 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, deter-
minations, or payments are permitted or authorized
to be carried out, made, or continued during the pe-
riod 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 ap-
propriated for such program for such fiscal year, which-
ever 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 author-
ized 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 orga-
nization, 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. 1001 et seq.),
or in relation to programs under that Act, shall continue
to exist and is authorized or required, respectively, to per-
form such function during fiscal year 2005.
(e) ADDITIONAL EXTENSION NOT PERMITTED.—Sec-
tion 422 of the General Education Provisions Act (20
U.S.C. 1226a) shall not apply to further extend the au-
thorization of appropriations for any program described
in subsection (a) on the basis of the extension of such pro-
gram under this section.
(f) EXCEPTION.—The programs described in sub-
section (a) for which the authorization of appropriations,
or the duration of which, is extended by this section in-
clude 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 Mi-
cronesia and the Republic of the Marshall Islands only to
the extent specified in Public Law 108–188.
Passed the House of Representatives October 6,
2004.
Attest:
Clerk.