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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