 
      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-34. Allocation among States


(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) of this section.

(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,\1\ 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.
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    \1\ See References in Text note below.
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(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.

(Pub. L. 89-329, title IV, Sec. 419D, 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(c), July 23, 1992, 106 Stat. 509; Pub. L. 103-208, 
Sec. 2(b)(29), Dec. 20, 1993, 107 Stat. 2459; Pub. L. 105-244, title IV, 
Sec. 409(a), Oct. 7, 1998, 112 Stat. 1668.)

                       References in Text

    Section 1469a of title 48, referred to in text, was in the original 
``section 501 of Public Law 95-1134 (48 U.S.C. 1469a)'' and was 
translated as reading ``section 501 of Public Law 95-134'' to reflect 
the probable intent of Congress.


                            Prior Provisions

    A prior section 1070d-34, Pub. L. 89-329, title IV, Sec. 419D, as 
added Pub. L. 98-558, title VIII, Sec. 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

    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.''


                    Effective Date of 1998 Amendment

    Amendment 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 Amendment

    Amendment 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.

                  Section Referred to in Other Sections

    This section is referred to in section 1070d-33 of this title.
