Higher Education Extension Act of 2005
PL 109-81 (H.R.3784), enacted 09/30/2005

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 appropria-
tions 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]
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119 STAT. 2049
PUBLIC LAW 109–81—SEPT. 30, 2005
LEGISLATIVE HISTORY—H.R. 3784:
CONGRESSIONAL RECORD, Vol. 151 (2005):
Sept. 20, considered and passed House.
Sept. 26, considered and passed Senate.
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 institu-
tions 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.
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