I 

115TH CONGRESS 

1ST SESSION H. R. 949 

To increase Federal Pell Grants for the children of fallen public safety 

officers, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 7, 2017 

Mr. FITZPATRICK (for himself and Mr. BRENDAN F. BOYLE of Pennsylvania) 

introduced the following bill; which was referred to the Committee on 

Education and the Workforce, and in addition to the Committees on the 

Budget, and the Judiciary, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Children of Fallen He5 roes Scholarship Act’’. 

6 SEC. 2. CALCULATION OF ELIGIBILITY. 

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

8 (20 U.S.C. 1087mm(b)) is amended— 


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1 (1) in paragraph (2)— 

2 (A) in the matter preceding subparagraph 

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

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

5 or academic year 2015–2016 (in the case of a 

6 student who meets the requirement of subpara7 graph (B)(ii)),’’ after ‘‘academic year 2009– 

8 2010’’; and 

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

10 as follows: 

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

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

13 the United States and died as a result of 

14 performing military service in Iraq or Af15 ghanistan after September 11, 2001; or 

16 ‘‘(ii) actively serving as a public safety 

17 officer and died in the line of duty while 

18 performing as a public safety officer; and’’; 

19 (2) in paragraph (3)— 

20 (A) by striking ‘‘Notwithstanding’’ and in21 serting the following: 

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

23 (B) by striking ‘‘paragraph (2)’’ and in24 serting ‘‘subparagraphs (A), (B)(i), and (C) of 

25 paragraph (2)’’; and 


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

2 ‘‘(B) PUBLIC SAFETY OFFICERS.—Not3 withstanding any other provision of law, unless 

4 the Secretary establishes an alternate method 

5 to adjust the expected family contribution, for 

6 each student who meets the requirements of 

7 subparagraphs (A), (B)(ii), and (C) of para8 graph (2), a financial aid administrator shall— 

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

10 student is eligible for the adjustment; 

11 ‘‘(ii) adjust the expected family con12 tribution in accordance with this sub13 section; and 

14 ‘‘(iii) notify the Secretary of the ad15 justment and the student’s eligibility for 

16 the adjustment.’’; and 

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

18 ‘‘(4) TREATMENT OF PELL AMOUNT.—Notwith19 standing section 1212 of the Omnibus Crime Control 

20 and Safe Streets Act of 1968 (42 U.S.C. 3796d–1), 

21 in the case of a student who receives an increased 

22 Federal Pell Grant amount under this section, the 

23 total amount of such Federal Pell Grant, including 

24 the increase under this subsection, shall not be con25 sidered in calculating that student’s educational asVerDate Sep 11 2014 21:11 Feb 16, 2017 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H949.IH H949

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1 sistance benefits under the Public Safety Officers’ 

2 Benefits program under subpart 2 of part L of title 

3 I of such Act. 

4 ‘‘(5) DEFINITION OF PUBLIC SAFETY OFFI5 CER.—For purposes of this subsection, the term 

6 ‘public safety officer’ means— 

7 ‘‘(A) a public safety officer, as defined in 

8 section 1204 of title I of the Omnibus Crime 

9 Control and Safe Streets Act of 1968 (42 

10 U.S.C. 3796b); or 

11 ‘‘(B) a fire police officer, defined as an in12 dividual who— 

13 ‘‘(i) is serving in accordance with 

14 State or local law as an officially recog15 nized or designated member of a legally or16 ganized public safety agency; 

17 ‘‘(ii) is not a law enforcement officer, 

18 a firefighter, a chaplain, or a member of a 

19 rescue squad or ambulance crew; and 

20 ‘‘(iii) provides scene security or di21 rects traffic— 

22 ‘‘(I) in response to any fire drill, 

23 fire call, or other fire, rescue, or police 

24 emergency; or 


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1 ‘‘(II) at a planned special 

2 event.’’. 

3 SEC. 3. CALCULATION OF PELL GRANT AMOUNT. 

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

5 1965 (20 U.S.C. 1070a(b)(2)) is amended— 

6 (1) by striking the matter preceding clause (i) 

7 of subparagraph (A) and inserting the following: 

8 ‘‘(2)(A) Subject to subparagraph (C), the 

9 amount of the Federal Pell Grant for a student eligi10 ble under this part shall be—’’; and 

11 (2) by adding at the end the following new sub12 paragraph: 

13 ‘‘(C) In the case of a student who meets 

14 the requirements of subparagraphs (A), (B)(ii), 

15 and (C) of section 473(b)(2)— 

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

17 this paragraph shall be applied by sub18 stituting ‘from the amounts appropriated 

19 in the last enacted appropriation Act appli20 cable to that award year, an amount equal 

21 to the amount of the increase calculated 

22 under paragraph (7)(B) for that year’ for 

23 ‘the amount of the increase calculated 

24 under paragraph (7)(B) for that year’; and 

25 ‘‘(ii) such student— 


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1 ‘‘(I) shall be provided an amount 

2 under clause (i) of this subparagraph 

3 only to the extent that funds are spe4 cifically provided in advance in an ap5 propriation Act to such students for 

6 that award year; and 

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

8 amounts made available pursuant to 

9 clauses (i) through (iii) of paragraph 

10 (7)(A).’’. 

11 SEC. 4. BUDGETARY EFFECTS. 

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

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

14 shall be determined by reference to the latest statement 

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

16 Act, submitted for printing in the Congressional Record 

17 by the Chairman of the Senate Budget Committee, pro18 vided that such statement has been submitted prior to the 

19 vote on passage. 

20 SEC. 5. EFFECTIVE DATE. 

21 This Act and the amendments made by this Act shall 

22 take effect on July 1, 2017. 

Æ 


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