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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Officer Daniel Faulkner 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 subparagraph (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 
                        Afghanistan after September 11, 2001; or
                            ``(ii) 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)--
                    (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 
        (42 U.S.C. 3796d-1), 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 Officers' Benefits program under subpart 2 of part L of 
        title I of such Act.
            ``(5) Definitions.--For purposes of this subsection:
                    ``(A) Firefighter.--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.
                    ``(B) Law enforcement officer.--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 
                        apprehension.
                    ``(C) Member of a rescue squad or ambulance crew.--
                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.
                    ``(D) Federal or public agency.--The term `Federal 
                or public agency' means--
                            ``(i) 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 
                        Commonwealth of the Northern Mariana Islands, 
                        the Freely Associated States, or any territory 
                        or possession of the United States;
                            ``(ii) any unit of local government, 
                        department, agency, or instrumentality of any 
                        of the entities described in clause (i); or
                            ``(iii) the Amtrak Police department or 
                        Federal Reserve Police department.
                    ``(E) Public safety officer.--The term `public 
                safety officer' means an individual serving a Federal 
                or 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.''.

SEC. 3. CALCULATION OF PELL GRANT AMOUNT.

    Section 401(b)(2) of the Higher Education Act of 1965 (20 U.S.C. 
1070a(b)(2)) 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 meets 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 
                                (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 Senate Budget Committee, provided 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.

Summary: Officer Daniel Faulkner Children of Fallen Heroes Scholarship Act of 2010 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to eliminate the expected family contribution used in determining a student's need for title IV assistance in the case of a student applicant who is eligible for a Pell Grant and whose parent or guardian died as a result of performing service as a law enforcement officer, firefighter, or member of a rescue squad or ambulance crew.

Requires such student to be less than 24 years old and enrolled at an institution of higher education at the time of his or her parent's or guardian's death.

Gives financial aid administrators the responsibility of verifying that such students are eligible to have their expected family contribution adjusted (or eliminated), and of adjusting (or eliminating) it, unless the Secretary of Education establishes an alternate method of adjusting their expected family contribution.

Prohibits the total Pell Grant of a student whose Pell Grant is increased by reason of this Act from being considered in calculating that student's educational assistance benefits under the Public Safety Officer's Benefits program.

 Alters the source of the annual Pell Grant increase for such students to require that it be provided only to the extent that funds are specifically provided in advance to such students in an appropriation Act for that award year.