Text: H.R.959 — 111th Congress (2009-2010)

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Referred in Senate (05/17/2010)

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[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[H.R. 959 Referred in Senate (RFS)]

  2d Session
                                H. R. 959



                              May 17, 2010

     Received; read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions


                                 AN ACT

   To increase Federal Pell Grants for the children of fallen public 
                safety officers, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,


    This Act may be cited as the ``Officer Daniel Faulkner Children of 
Fallen Heroes Scholarship Act of 2010''.


    Section 473(b) of the Higher Education Act of 1965 (20 U.S.C. 
1087mm(b)) is amended--
            (1) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A), by 
                inserting ``(in the case of a student who meets the 
                requirement of subparagraph (B)(i)), or academic year 
                2011-2012 (in the case of a student who meets the 
                requirement of subparagraph (B)(ii)),'' after 
                ``academic year 2009-2010''; and
                    (B) by amending subparagraph (B) to read as 
                    ``(B) whose parent or guardian was--
                            ``(i) a member of the Armed Forces of the 
                        United States and died as a result of 
                        performing military service in Iraq or 
                        Afghanistan after September 11, 2001; or
                            ``(ii) was actively serving as a public 
                        safety officer and died in the line of duty 
                        while performing as a public safety officer; 
            (2) in paragraph (3)--
                    (A) by striking ``Notwithstanding'' and inserting 
                the following:
                    ``(A) Armed forces.--Notwithstanding'';
                    (B) by striking ``paragraph (2)'' and inserting 
                ``subparagraphs (A), (B)(i), and (C) of paragraph 
                (2)''; and
                    (C) by adding at the end the following:
                    ``(B) Public safety officers.--Notwithstanding any 
                other provision of law, unless the Secretary 
                establishes an alternate method to adjust the expected 
                family contribution, for each student who meets the 
                requirements of subparagraphs (A), (B)(ii), and (C) of 
                paragraph (2), a financial aid administrator shall--
                            ``(i) verify with the student that the 
                        student is eligible for the adjustment;
                            ``(ii) adjust the expected family 
                        contribution in accordance with this 
                        subsection; and
                            ``(iii) notify the Secretary of the 
                        adjustment and the student's eligibility for 
                        the adjustment.''; and
            (3) by adding at the end the following:
            ``(4) Treatment of pell amount.--Notwithstanding section 
        1212 of the Omnibus Crime Control and Safe Streets Act of 1968, 
        in the case of a student who receives an increased Federal Pell 
        Grant amount under this section, the total amount of such 
        Federal Pell Grant, including the increase under this 
        subsection, shall not be considered in calculating that 
        student's educational assistance benefits under the Public 
        Safety Officer's Benefits program.
            ``(5) Definitions.--For purposes of this subsection--
                    ``(A) the term `public safety officer' means an 
                individual serving a public agency in an official 
                capacity, with or without compensation, as a law 
                enforcement officer, as a firefighter, or as a member 
                of a rescue squad or ambulance crew;
                    ``(B) the term `law enforcement officer' means an 
                individual who--
                            ``(i) is authorized by law to engage in or 
                        supervise the prevention, detection, 
                        investigation, or prosecution of, or the 
                        incarceration of any person for, any violation 
                        of law; and
                            ``(ii) has statutory powers of arrest or 
                    ``(C) the term `firefighter' means an individual 
                who is trained in the suppression of fire or hazardous-
                materials response and has the legal authority to 
                engage in these duties;
                    ``(D) the term `member of a rescue squad or 
                ambulance crew' means an individual who is an 
                officially recognized or designated public employee 
                member of a rescue squad or ambulance crew; and
                    ``(E) the term `public agency' means the United 
                States, any State of the United States, the District of 
                Columbia, the Commonwealth of Puerto Rico, the Virgin 
                Islands of the United States, Guam, American Samoa, the 
                Trust Territory of the Pacific Islands, the 
                Commonwealth of the Northern Mariana Islands, any 
                territory or possession of the United States, or any 
                unit of local government, department, agency, or 
                instrumentality of any of the foregoing, and the Amtrak 
                Police and Federal Reserve Police departments.''.


    Section 401(b)(2) of the Higher Education Act of 1965, as amended 
by the SAFRA Act (Public Law 111-152), is amended--
            (1) in subparagraph (A), in the matter preceding clause 
        (i), by striking ``The Amount'' and inserting ``Subject to 
        subparagraph (C), the amount''; and
            (2) by adding at the end the following new subparagraph:
                    ``(C) In the case of a student who meet the 
                requirements of subparagraphs (A), (B)(ii), and (C) of 
                section 473(b)(2)--
                            ``(i) clause (ii) of subparagraph (A) of 
                        this paragraph shall be applied by substituting 
                        `from the amounts appropriated in the last 
                        enacted appropriation Act applicable to that 
                        award year, an amount equal to the amount of 
                        the increase calculated under paragraph (8)(B) 
                        for that year' for `the amount of the increase 
                        calculated under paragraph (8)(B) for that 
                        year'; and
                            ``(ii) such student--
                                    ``(I) shall be provided an amount 
                                under clause (i) of this subparagraph 
                                only to the extent that funds are 
                                specifically provided in advance in an 
                                appropriation Act to such students for 
                                that award year; and
                                    ``(II) shall not be eligible for 
                                the amounts made available pursuant to 
                                clauses (i) through (iii) of paragraph 


    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.


    This Act, and the amendments made by this Act, shall take effect on 
July 1, 2011.

            Passed the House of Representatives May 12, 2010.


                                            LORRAINE C. MILLER,