Higher Education Extension Act of 2004

(This measure has not been amended since it was passed by the House on October 6, 2004. The summary of that version is repeated here.)

Higher Education Extension Act of 2004 - Provides for a temporary extension of programs under the Higher Education Act of 1965 (HEA).

Extends through FY 2005 the authorization of appropriations for, and the duration of, each program authorized under HEA. Requires the extended FY 2005 funding for any HEA program to be at a level that is the greater of: (1) the amount authorized to be appropriated for FY 2004; or (2) the amount appropriated for FY 2004.

Provides for continued performance through FY 2005 of any FY 2004 HEA functions by the Secretary of Education, a State, an institution of higher education, a guaranty agency, a lender, or another person or entity. Continues advisory committees, interagency organizations, or other entities and their required or authorized HEA functions.

Prohibits applying certain contingent and automatic extensions under the General Education Provisions Act to further extend the authorization of appropriations for any program on the basis of its extension under this Act.

[108th Congress Public Law 366]
[From the U.S. Government Publishing Office]


[DOCID: f:publ366.108]

[[Page 118 STAT. 1741]]

Public Law 108-366
108th Congress

                                 An Act


 
  To temporarily extend the programs under the Higher Education Act of 
              1965. <<NOTE: Oct. 25, 2004 -  [H.R. 5185]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Higher Education Extension 
Act of 2004. 20 USC 1001 note.>> assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Higher Education Extension Act of 
2004''.

SEC. 2. EXTENSION OF PROGRAMS.

     <<NOTE: Appropriations authorization.>> (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.

[[Page 118 STAT. 1742]]

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 <<NOTE: Applicability.>> 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 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 Micronesia and the Republic of the Marshall Islands only to 
the extent specified in Public Law 188.

    Approved October 25, 2004.

LEGISLATIVE HISTORY--H.R. 5185:
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CONGRESSIONAL RECORD, Vol. 150 (2004):
            Oct. 6, considered and passed House.
            Oct. 9, considered and passed Senate.

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