 
      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
 
Sec. 1070d-33. Scholarships authorized


(a) Program authority

    The Secretary is authorized, in accordance with the provisions of 
this subpart, to make grants to States to enable the States to award 
scholarships to individuals who have demonstrated outstanding academic 
achievement and who show promise of continued academic achievement.

(b) Period of award

    Scholarships under this section shall be awarded for a period of not 
less than 1 or more than 4 years during the first 4 years of study at 
any institution of higher education eligible to participate in any 
programs assisted under this subchapter and part C of subchapter I of 
chapter 34 of title 42. The State educational agency administering the 
program in a State shall have discretion to determine the period of the 
award (within the limits specified in the preceding sentence), except 
that--
        (1) if the amount appropriated for this subpart for any fiscal 
    year exceeds the amount appropriated for this subpart for fiscal 
    year 1993, the Secretary shall identify to each State educational 
    agency the number of scholarships available to that State under 
    section 1070d-34(b) of this title that are attributable to such 
    excess;
        (2) the State educational agency shall award not less than that 
    number of scholarships for a period of 4 years.

(c) Use at any institution permitted

    A student awarded a scholarship under this subpart may attend any 
institution of higher education.

(d) Byrd Scholars

    Individuals awarded scholarships under this subpart shall be known 
as ``Byrd Scholars''.

(Pub. L. 89-329, title IV, Sec. 419C, as added Pub. L. 99-498, title IV, 
Sec. 401(a), Oct. 17, 1986, 100 Stat. 1344; amended Pub. L. 102-325, 
title IV, Sec. 406(b), July 23, 1992, 106 Stat. 508; Pub. L. 103-208, 
Sec. 2(b)(28), Dec. 20, 1993, 107 Stat. 2459.)


                            Prior Provisions

    A prior section 1070d-33, Pub. L. 89-329, title IV, Sec. 419C, as 
added Pub. L. 98-558, title VIII, Sec. 801(a), Oct. 30, 1984, 98 Stat. 
2900; amended Pub. L. 99-145, title XVI, Sec. 1627(b), Nov. 8, 1985, 99 
Stat. 779, authorized the award of scholarships under Robert C. Byrd 
Honors Scholarship Program, prior to the general revision of this part 
by Pub. L. 99-498.


                               Amendments

    1993--Subsec. (b). Pub. L. 103-208 substituted ``for a period of not 
less than 1 or more than 4 years during the first 4 years of study'' for 
``for a period of not more than 4 years for the first 4 years of study'' 
and inserted at end ``The State educational agency administering the 
program in a State shall have discretion to determine the period of the 
award (within the limits specified in the preceding sentence), except 
that--
        ``(1) if the amount appropriated for this subpart for any fiscal 
    year exceeds the amount appropriated for this subpart for fiscal 
    year 1993, the Secretary shall identify to each State educational 
    agency the number of scholarships available to that State under 
    section 1070d-34(b) of this title that are attributable to such 
    excess;
        ``(2) the State educational agency shall award not less than 
    that number of scholarships for a period of 4 years.''
    1992--Subsec. (b). Pub. L. 102-325 amended subsec. (b) generally. 
Prior to amendment, subsec. (b) read as follows: ``Scholarships under 
this section shall be awarded for a period of one academic year for the 
first year of study at an institution of higher education.''


                    Effective Date of 1993 Amendment

    Amendment by Pub. L. 103-208 effective on and after Dec. 20, 1993, 
see section 5(b)(2) of Pub. L. 103-208, set out as a note under section 
1051 of this title.
