1.This Act may be cited as the
Officer Daniel Faulkner Children of
Fallen Heroes Scholarship Act of 2010
.
2.Calculation of
eligibilitySection 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)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)—
(A)by striking
Notwithstanding
and inserting the following:
(A)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)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)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)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 apprehension;
(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.
.
3.Calculation of
Pell Grant amountSection
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
(8)(A).
.
4.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.
5.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,
Clerk.