Higher Education Extension Act of 2004
PL 108-366 (H.R.5185), enacted 10/25/2004

118 STAT. 1741
PUBLIC LAW 108–366—OCT. 25, 2004
Public Law 108–366
108th Congress
An Act
To temporarily extend the programs under the Higher Education Act of 1965.
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 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 Higher 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 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, the amount of any payment required or authorized 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 organization, 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.
Appropriations
authorization.
Higher Education
Extension Act of
2004.
20 USC 1001
note.
Oct. 25, 2004
[H.R. 5185]
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118 STAT. 1742
PUBLIC LAW 108–366—OCT. 25, 2004
LEGISLATIVE HISTORY—H.R. 5185:
CONGRESSIONAL RECORD, Vol. 150 (2004):
Oct. 6, considered and passed House.
Oct. 9, considered and passed Senate.
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 during fiscal year 2005.
(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 188.
Approved October 25, 2004.
Applicability.
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