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Title 20, EducationRelease 119-110

§1070d–34 Allocation Among States

Title 20 › CHAPTER 28 — HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE › SUBCHAPTER IV — STUDENT ASSISTANCE › Part A — Grants to Students in Attendance at Institutions of Higher Education › subpart 6 — robert c. byrd honors scholarship program › § 1070d–34

Last updated Sep 22, 2026|Official source

Summary

From the program money each year, the Secretary must give each State with a program agreement $1,500 times the number of scholarships the State is assigned. A State’s share of scholarships is based on its population ages 5 through 17 compared with all States, but every State gets at least 10 scholarships. The population counts come from the most recent Census data acceptable to the Secretary. Money sent to Insular Areas is treated as direct payments to people and may not be mixed with other federal funds. For students from the Freely Associated States, there were 10 scholarships in total each year for fiscal years 2000 through 2004, run by the Pacific Regional Educational Laboratory, and those students were not eligible after September 30, 2004.

Full Legal Text

Title 20, §1070d–34

Education, Source: USLM XML via OLRC

(a)Allocation formula
From the sums appropriated pursuant to the authority of section 1070d–41 of this title for any fiscal year, the Secretary shall allocate to each State that has an agreement under section 1070d–35 of this title an amount equal to $1,500 multiplied by the number of scholarships determined by the Secretary to be available to such State in accordance with subsection (b).
(b)Number of scholarships available
The number of scholarships to be made available in a State for any fiscal year shall bear the same ratio to the number of scholarships made available to all States as the State’s population ages 5 through 17 bears to the population ages 5 through 17 in all the States, except that not less than 10 scholarships shall be made available to any State.
(c)Use of census data
For the purpose of this section, the population ages 5 through 17 in a State and in all the States shall be determined by the most recently available data, satisfactory to the Secretary, from the Bureau of the Census.
(d)Consolidation by Insular Areas prohibited
Notwithstanding section 1469a of title 48, funds allocated under this part to an Insular Area described in that section shall be deemed to be direct payments to classes of individuals, and the Insular Area may not consolidate such funds with other funds received by the Insular Area from any department or agency of the United States Government.
(e)FAS eligibility
(1)Fiscal years 2000 through 2004
Notwithstanding any other provision of this subpart, in the case of students from the Freely Associated States who may be selected to receive a scholarship under this subpart for the first time for any of the fiscal years 2000 through 2004—
(A)there shall be 10 scholarships in the aggregate awarded to such students for each of the fiscal years 2000 through 2004; and
(B)the Pacific Regional Educational Laboratory shall administer the program under this subpart in the case of scholarships for students in the Freely Associated States.
(2)Termination of eligibility
A student from the Freely Associated States shall not be eligible to receive a scholarship under this subpart after September 30, 2004.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 1070d–34, Pub. L. 89–329, title IV, § 419D, as added Pub. L. 98–558, title VIII, § 801(a), Oct. 30, 1984, 98 Stat. 2901, related to allocation among States of amounts for Robert C. Byrd Honors Scholarship Program, prior to the general revision of this part by Pub. L. 99–498.

Amendments

2009—Subsec. (d). Pub. L. 111–39 made technical amendment to reference in original act which appears in text as reference to section 1469a of title 48. 1998—Subsec. (e). Pub. L. 105–244 added subsec. (e). 1993—Subsec. (d). Pub. L. 103–208 added subsec. (d). 1992—Pub. L. 102–325 amended section generally. Prior to amendment, section read as follows: “From the sums appropriated pursuant to section 1070d–41 of this title for any fiscal year, the Secretary shall allocate to each State having an agreement under section 1070d–35 of this title— “(1) $1,500 multiplied by the number of individuals in the State eligible for scholarships pursuant to section 1070d–37(b) of this title, plus “(2) $10,000, plus 5 percent of the amount to which a State is eligible under paragraph (1) of this section.”

Statutory Notes and Related Subsidiaries

Effective Date

of 2009 AmendmentAmendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

Effective Date

of 1998 AmendmentAmendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of this title.

Effective Date

of 1993 AmendmentAmendment by Pub. L. 103–208 effective on and after Oct. 1, 1993, see section 5(b)(1) of Pub. L. 103–208, set out as a note under section 1051 of this title.

Reference

Citations & Metadata

Citation

20 U.S.C. § 1070d–34

Title 20, Education

Last Updated

Sep 22, 2026

Release point: 119-110