---
kind: "section"
citation: "20 U.S.C. § 1070d–34"
title: "20"
title_heading: "Education"
number: "1070d–34"
heading: "Allocation among States"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/1070d-34"
units:
  - "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. Allocation among States

- (a) **Allocation formula—** From the sums appropriated pursuant to the authority of [section 1070d–41 of this title](/usc/20/1070d–41.md) for any fiscal year, the [Secretary](/usc/20/1003.md?p=17) shall allocate to each [State](/usc/20/1003.md?p=21-A) that has an agreement under [section 1070d–35 of this title](/usc/20/1070d–35.md) an amount equal to $1,500 multiplied by the number of scholarships determined by the [Secretary](/usc/20/1003.md?p=17) to be available to such [State](/usc/20/1003.md?p=21-A) in accordance with [subsection (b)](#b).
- (b) **Number of scholarships available—** The number of scholarships to be made available in a [State](/usc/20/1003.md?p=21-A) for any fiscal year shall bear the same ratio to the number of scholarships made available to all [States](/usc/20/1003.md?p=21-A) as the [State](/usc/20/1003.md?p=21-A)’s population ages 5 through 17 bears to the population ages 5 through 17 in all the [States](/usc/20/1003.md?p=21-A), except that not less than 10 scholarships shall be made available to any [State](/usc/20/1003.md?p=21-A).
- (c) **Use of census data—** For the purpose of this section, the population ages 5 through 17 in a [State](/usc/20/1003.md?p=21-A) and in all the [States](/usc/20/1003.md?p=21-A) shall be determined by the most recently available data, satisfactory to the [Secretary](/usc/20/1003.md?p=17), from the Bureau of the Census.
- (d) **Consolidation by Insular Areas prohibited—** Notwithstanding [section 1469a of title 48](/usc/48/1469a.md), 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](/usc/20/1003.md?p=4) 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](/usc/20/1003.md?p=21-B) 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](/usc/20/1003.md?p=21-B).
  - (2) **Termination of eligibility—** A student from the [Freely Associated States](/usc/20/1003.md?p=21-B) shall not be eligible to receive a scholarship under this subpart after September 30, 2004.

## Source credit

(Pub. L. 89–329, title IV, § 419D, as added Pub. L. 99–498, title IV, § 401(a), Oct. 17, 1986, 100 Stat. 1344; amended Pub. L. 102–325, title IV, § 406(c), July 23, 1992, 106 Stat. 509; Pub. L. 103–208, § 2(b)(29), Dec. 20, 1993, 107 Stat. 2460; Pub. L. 105–244, title IV, § 409(a), Oct. 7, 1998, 112 Stat. 1668; Pub. L. 111–39, title IV, § 401(a)(8), July 1, 2009, 123 Stat. 1939.)

## Notes

### 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 Amendment

Amendment 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 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.