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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Officer Daniel Faulk-
ner Children of Fallen Heroes Scholarship Act of 2010’’. 
SEC. 2. CALCULATION OF ELIGIBILITY. 
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 subpara-
graph (B)(ii)),’’ after ‘‘academic year 2009– 
2010’’; and 
(B) by amending subparagraph (B) to read 
as follows: 
‘‘(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 Af-
ghanistan 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; 
and’’; 
(2) in paragraph (3)— 
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(A) by striking ‘‘Notwithstanding’’ and in-
serting the following: 
‘‘(A) ARMED FORCES.—Notwithstanding’’; 
(B) by striking ‘‘paragraph (2)’’ and in-
serting ‘‘subparagraphs (A), (B)(i), and (C) of 
paragraph (2)’’; and 
(C) by adding at the end the following: 
‘‘(B) PUBLIC
SAFETY
OFFICERS.—Not-
withstanding 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 para-
graph (2), a financial aid administrator shall— 
‘‘(i) verify with the student that the 
student is eligible for the adjustment; 
‘‘(ii) adjust the expected family con-
tribution in accordance with this sub-
section; and 
‘‘(iii) notify the Secretary of the ad-
justment and the student’s eligibility for 
the adjustment.’’; and 
(3) by adding at the end the following: 
‘‘(4) TREATMENT OF PELL AMOUNT.—Notwith-
standing section 1212 of the Omnibus Crime Control 
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and Safe Streets Act of 1968, in the case of a stu-
dent 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 sub-
section— 
‘‘(A) the term ‘public safety officer’ means 
an individual serving a public agency in an offi-
cial 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, in-
vestigation, or prosecution of, or the incar-
ceration of any person for, any violation of 
law; and 
‘‘(ii) has statutory powers of arrest or 
apprehension; 
‘‘(C) the term ‘firefighter’ means an indi-
vidual who is trained in the suppression of fire 
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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 em-
ployee 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 Ter-
ritory 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 in-
strumentality of any of the foregoing, and the 
Amtrak Police and Federal Reserve Police de-
partments.’’. 
SEC. 3. CALCULATION OF PELL GRANT AMOUNT. 
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 pre-
ceding clause (i), by striking ‘‘The Amount’’ and in-
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serting ‘‘Subject to subparagraph (C), the amount’’; 
and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(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 sub-
stituting ‘from the amounts appropriated 
in the last enacted appropriation Act appli-
cable 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 spe-
cifically provided in advance in an ap-
propriation Act to such students for 
that award year; and 
‘‘(II) shall not be eligible for the 
amounts made available pursuant to 
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clauses (i) through (iii) of paragraph 
(8)(A).’’. 
SEC. 4. BUDGETARY EFFECTS. 
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, pro-
vided that such statement has been submitted prior to the 
vote on passage. 
SEC. 5. EFFECTIVE DATE. 
This Act, and the amendments made by this Act, 
shall take effect on July 1, 2011. 
Passed the House of Representatives May 12, 2010. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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