 
      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-37. Selection of scholars


(a) Establishment of criteria

    The State educational agency is authorized to establish the criteria 
for the selection of scholars under this subpart.

(b) Adoption of procedures

    The State educational agency shall adopt selection procedures 
designed to ensure an equitable geographic distribution of awards within 
the State (and in the case of the Federated States of Micronesia, the 
Republic of the Marshall Islands, the Virgin Islands, American Samoa, 
the Commonwealth of the Northern Mariana Islands, Guam, or Palau (until 
such time as the Compact of Free Association is ratified), not to exceed 
10 individuals will be selected from such entities).

(c) Consultation requirement

    In carrying out its responsibilities under subsections (a) and (b) 
of this section, the State educational agency shall consult with school 
administrators, school boards, teachers, counselors, and parents.

(d) Timing of selection

    The selection process shall be completed, and the awards made, prior 
to the end of each secondary school academic year.

(Pub. L. 89-329, title IV, Sec. 419G, as added Pub. L. 99-498, title IV, 
Sec. 401(a), Oct. 17, 1986, 100 Stat. 1345; amended Pub. L. 102-325, 
title IV, Sec. 406(d), July 23, 1992, 106 Stat. 509; Pub. L. 103-208, 
Sec. 2(b)(30), Dec. 20, 1993, 107 Stat. 2460.)

                       References in Text

    For ratification of Compact of Free Association with the Republic of 
Palau, referred to in subsec. (b), see Proc. No. 6726, Sept. 27, 1994, 
59 F.R. 49777, set out as a note under section 1931 of Title 48, 
Territories and Insular Possessions.


                            Prior Provisions

    A prior section 1070d-37, Pub. L. 89-329, title IV, Sec. 419G, as 
added Pub. L. 98-558, title VIII, Sec. 801(a), Oct. 30, 1984, 98 Stat. 
2901, related to selection of merit scholars 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 ``the Federated 
States of Micronesia, the Republic of the Marshall Islands,'' for ``the 
District of Columbia, the Commonwealth of Puerto Rico,''.
    1992--Subsec. (b). Pub. L. 102-325, Sec. 406(d)(1), amended subsec. 
(b) generally. Prior to amendment, subsec. (b) read as follows: ``The 
State educational agency shall adopt selection procedures which are 
designed to assure that 10 individuals will be selected from among 
residents of each congressional district in a State (and in the case of 
the District of Columbia and the Commonwealth of Puerto Rico not to 
exceed 10 individuals will be selected in such District or 
Commonwealth).''
    Subsec. (d). Pub. L. 102-325, Sec. 406(d)(2), added subsec. (d).


                    Effective Date of 1993 Amendment

    Amendment by Pub. L. 103-208 effective as if included in the Higher 
Education Amendments of 1992, Pub. L. 102-325, except as otherwise 
provided, see section 5(a) of Pub. L. 103-208, set out as a note under 
section 1051 of this title.
