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.

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).