---
kind: "section"
citation: "20 U.S.C. § 1070d–40"
title: "20"
title_heading: "Education"
number: "1070d–40"
heading: "Construction of needs provisions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/1070d-40"
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–40. Construction of needs provisions


Except as provided in [section 1087kk of this title](/usc/20/1087kk.md), nothing in this subpart, or any other Act, shall be construed to permit the receipt of a scholarship under this subpart to be counted for any needs test in connection with the awarding of any grant or the making of any [loan](/usc/20/1066a.md?p=2) under this chapter or any other provision of Federal law relating to educational assistance.


## Source credit

(Pub. L. 89–329, title IV, § 419J, as added Pub. L. 99–498, title IV, § 401(a), Oct. 17, 1986, 100 Stat. 1345; amended Pub. L. 102–325, title IV, § 406(f), July 23, 1992, 106 Stat. 509.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 1070d–40, Pub. L. 89–329, title IV, § 419J, as added Pub. L. 98–558, title VIII, § 801(a), Oct. 30, 1984, 98 Stat. 2902, provided that receipt of scholarship under Robert C. Byrd Honors Scholarship Program not be counted for needs test for education grant or loan, prior to the general revision of this part by Pub. L. 99–498.

### Amendments

1992—Pub. L. 102–325 substituted “Except as provided in section 1087kk of this title, nothing” for “Nothing”.