[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5185 Enrolled Bill (ENR)]

        H.R.5185

                       One Hundred Eighth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
           the twentieth day of January, two thousand and four


                                 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. 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 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 108-188.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.