IIB 

111TH CONGRESS 

2D SESSION H. R. 959 

IN THE SENATE OF THE UNITED STATES 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Officer Daniel Faulk3 ner Children of Fallen Heroes Scholarship Act of 2010’’. 

4 SEC. 2. CALCULATION OF ELIGIBILITY. 

5 Section 473(b) of the Higher Education Act of 1965 

6 (20 U.S.C. 1087mm(b)) is amended— 

7 (1) in paragraph (2)— 

8 (A) in the matter preceding subparagraph 

9 (A), by inserting ‘‘(in the case of a student who 

10 meets the requirement of subparagraph (B)(i)), 

11 or academic year 2011–2012 (in the case of a 

12 student who meets the requirement of subpara13 graph (B)(ii)),’’ after ‘‘academic year 2009– 

14 2010’’; and 

15 (B) by amending subparagraph (B) to read 

16 as follows: 

17 ‘‘(B) whose parent or guardian was— 

18 ‘‘(i) a member of the Armed Forces of 

19 the United States and died as a result of 

20 performing military service in Iraq or Af21 ghanistan after September 11, 2001; or 

22 ‘‘(ii) was actively serving as a public 

23 safety officer and died in the line of duty 

24 while performing as a public safety officer; 

25 and’’; 

26 (2) in paragraph (3)— 


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1 (A) by striking ‘‘Notwithstanding’’ and in2 serting the following: 

3 ‘‘(A) ARMED FORCES.—Notwithstanding’’; 

4 (B) by striking ‘‘paragraph (2)’’ and in5 serting ‘‘subparagraphs (A), (B)(i), and (C) of 

6 paragraph (2)’’; and 

7 (C) by adding at the end the following: 

8 ‘‘(B) PUBLIC SAFETY OFFICERS.—Not9 withstanding any other provision of law, unless 

10 the Secretary establishes an alternate method 

11 to adjust the expected family contribution, for 

12 each student who meets the requirements of 

13 subparagraphs (A), (B)(ii), and (C) of para14 graph (2), a financial aid administrator shall— 

15 ‘‘(i) verify with the student that the 

16 student is eligible for the adjustment; 

17 ‘‘(ii) adjust the expected family con18 tribution in accordance with this sub19 section; and 

20 ‘‘(iii) notify the Secretary of the ad21 justment and the student’s eligibility for 

22 the adjustment.’’; and 

23 (3) by adding at the end the following: 

24 ‘‘(4) TREATMENT OF PELL AMOUNT.—Notwith25 standing section 1212 of the Omnibus Crime Control 


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1 and Safe Streets Act of 1968, in the case of a stu2 dent who receives an increased Federal Pell Grant 

3 amount under this section, the total amount of such 

4 Federal Pell Grant, including the increase under this 

5 subsection, shall not be considered in calculating 

6 that student’s educational assistance benefits under 

7 the Public Safety Officer’s Benefits program. 

8 ‘‘(5) DEFINITIONS.—For purposes of this sub9 section— 

10 ‘‘(A) the term ‘public safety officer’ means 

11 an individual serving a public agency in an offi12 cial capacity, with or without compensation, as 

13 a law enforcement officer, as a firefighter, or as 

14 a member of a rescue squad or ambulance crew; 

15 ‘‘(B) the term ‘law enforcement officer’ 

16 means an individual who— 

17 ‘‘(i) is authorized by law to engage in 

18 or supervise the prevention, detection, in19 vestigation, or prosecution of, or the incar20 ceration of any person for, any violation of 

21 law; and 

22 ‘‘(ii) has statutory powers of arrest or 

23 apprehension; 

24 ‘‘(C) the term ‘firefighter’ means an indi25 vidual who is trained in the suppression of fire 


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1 or hazardous-materials response and has the 

2 legal authority to engage in these duties; 

3 ‘‘(D) the term ‘member of a rescue squad 

4 or ambulance crew’ means an individual who is 

5 an officially recognized or designated public em6 ployee member of a rescue squad or ambulance 

7 crew; and 

8 ‘‘(E) the term ‘public agency’ means the 

9 United States, any State of the United States, 

10 the District of Columbia, the Commonwealth of 

11 Puerto Rico, the Virgin Islands of the United 

12 States, Guam, American Samoa, the Trust Ter13 ritory of the Pacific Islands, the Commonwealth 

14 of the Northern Mariana Islands, any territory 

15 or possession of the United States, or any unit 

16 of local government, department, agency, or in17 strumentality of any of the foregoing, and the 

18 Amtrak Police and Federal Reserve Police de19 partments.’’. 

20 SEC. 3. CALCULATION OF PELL GRANT AMOUNT. 

21 Section 401(b)(2) of the Higher Education Act of 

22 1965, as amended by the SAFRA Act (Public Law 111– 

23 152), is amended— 

24 (1) in subparagraph (A), in the matter pre25 ceding clause (i), by striking ‘‘The Amount’’ and inVerDate Mar 15 2010 00:34 May 18, 2010 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H959.RFS H959

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1 serting ‘‘Subject to subparagraph (C), the amount’’; 

2 and 

3 (2) by adding at the end the following new sub4 paragraph: 

5 ‘‘(C) In the case of a student who meet the 

6 requirements of subparagraphs (A), (B)(ii), and 

7 (C) of section 473(b)(2)— 

8 ‘‘(i) clause (ii) of subparagraph (A) of 

9 this paragraph shall be applied by sub10 stituting ‘from the amounts appropriated 

11 in the last enacted appropriation Act appli12 cable to that award year, an amount equal 

13 to the amount of the increase calculated 

14 under paragraph (8)(B) for that year’ for 

15 ‘the amount of the increase calculated 

16 under paragraph (8)(B) for that year’; and 

17 ‘‘(ii) such student— 

18 ‘‘(I) shall be provided an amount 

19 under clause (i) of this subparagraph 

20 only to the extent that funds are spe21 cifically provided in advance in an ap22 propriation Act to such students for 

23 that award year; and 

24 ‘‘(II) shall not be eligible for the 

25 amounts made available pursuant to 


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1 clauses (i) through (iii) of paragraph 

2 (8)(A).’’. 

3 SEC. 4. BUDGETARY EFFECTS. 

4 The budgetary effects of this Act, for the purpose of 

5 complying with the Statutory Pay-As-You-Go Act of 2010, 

6 shall be determined by reference to the latest statement 

7 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

8 Act, submitted for printing in the Congressional Record 

9 by the Chairman of the House Budget Committee, pro10 vided that such statement has been submitted prior to the 

11 vote on passage. 

12 SEC. 5. EFFECTIVE DATE. 

13 This Act, and the amendments made by this Act, 

14 shall take effect on July 1, 2011. 

Passed the House of Representatives May 12, 2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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