---
kind: "section"
citation: "20 U.S.C. § 1070d–37"
title: "20"
title_heading: "Education"
number: "1070d–37"
heading: "Selection of scholars"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/1070d-37"
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–37. Selection of scholars

- (a) **Establishment of criteria—** The [State educational agency](/usc/20/1003.md?p=20) is authorized to establish the criteria for the selection of scholars under this subpart.
- (b) **Adoption of procedures—** The [State educational agency](/usc/20/1003.md?p=20) shall adopt selection procedures designed to ensure an equitable geographic distribution of awards within the [State](/usc/20/1003.md?p=21-A) (and in the case of the Federated [States](/usc/20/1003.md?p=21-A) 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)](#a) and [(b)](#b), the [State educational agency](/usc/20/1003.md?p=20) 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](/usc/20/1003.md?p=16) [academic year](/usc/20/1088.md?p=a-2-A).

## Source credit

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

## Notes

### Editorial Notes

### 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, § 419G, as added Pub. L. 98–558, title VIII, § 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, § 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, § 406(d)(2), added subsec. (d).

### Statutory Notes and Related Subsidiaries

### 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.