[Congressional Record Volume 156, Number 71 (Wednesday, May 12, 2010)]
[House]
[Pages H3344-H3347]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
OFFICER DANIEL FAULKNER CHILDREN OF FALLEN HEROES SCHOLARSHIP ACT
Ms. WOOLSEY. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 959) to increase Federal Pell Grants for the children of
fallen public safety officers, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 959
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) 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) 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, 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) Definitions.--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.''.
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 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).''.
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, 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.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
California (Ms. Woolsey) and the gentleman from Minnesota (Mr. Kline)
each will control 20 minutes.
The Chair recognizes the gentlewoman from California.
{time} 1230
General Leave
Ms. WOOLSEY. Madam Speaker, I request 5 legislative days during which
Members may revise and extend and insert extraneous material on H.R.
959 into the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from California?
There was no objection.
Ms. WOOLSEY. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise today in full support of H.R. 959, which offers
financial assistance for higher education to the children of police
officers, firefighters, and other first responders who made the
ultimate sacrifice in the line of duty.
Madam Speaker, it is an American responsibility to look after the
children of our fallen heroes. A small but important gesture to
fulfilling this commitment is to make a college education possible for
the children who have lost a parent in the line of duty. These mothers
and fathers have given their lives so that we might be safe. We should
do all that we can to help their sons and daughters be successful.
We know that the loss of a parent can make it difficult for families
to make ends meet, let alone send their kids to college. Making their
children eligible for the maximum Pell Grant is the way to thank the
officers for their sacrifice and to give their children an education
which they might not otherwise be able to afford.
Under this bill, a child of a fallen police officer, firefighter, or
other first responder who is eligible for a Pell Grant would become
automatically eligible for the maximum Pell award. This legislation
would waive the income eligibility requirements in such cases.
With passage of the 2008 Higher Education Opportunity Act, we
expanded Pell Grants to survivors of soldiers killed in Iraq and
Afghanistan in a similar manner. As a result, these children will be
eligible for more than $20,000 in grants for college over 4 years.
Whether it's a sacrifice made on a distant battlefield or protecting
our citizens here at home, it's time we extended this benefit to all of
the children of our fallen heroes. Our fallen heroes deserve our thanks
and they deserve our respect, and we can honor them by supporting their
children as they seek out a higher education.
I ask that my colleagues join me in full support of H.R. 959, and to
take a moment to appreciate the daily sacrifices made by America's
police officers, firefighters, and first responders.
I want to thank Representative Murphy for bringing this resolution to
the floor, and I urge my colleagues to pass this resolution.
I also want to thank Chairman Conyers of the Judiciary Committee for
working with the Education and Labor
[[Page H3345]]
Committee on allowing this bill to move expeditiously to the floor.
House of Representatives,
Committee on the Judiciary,
Washington, DC, May 10, 2010.
Hon. George Miller,
Chairman, Committee on Education and Labor, House of
Representatives, Washington, DC.
Dear Chairman Miller: In recognition of the desire to
expedite consideration of H.R. 959, the Officer Daniel
Faulkner Children of Fallen Heroes Scholarship Act of 2010,
the Committee on the Judiciary agrees to waive formal
consideration of the bill as to provisions that fall within
its rule X jurisdiction.
The Committee takes this action with our mutual
understanding that by foregoing consideration of H.R. 959 at
this time, it does not waive any jurisdiction over subject
matter contained in this or similar legislation, and that our
Committee will be appropriately consulted and involved as the
bill or similar legislation moves forward, so that we may
address any remaining issues in our jurisdiction. The
Committee also reserves the right to seek appointment of an
appropriate number of conferees to any House-Senate
conference involving this or similar legislation, and
requests your support for any such request.
I would appreciate your including this letter in the
Congressional Record during consideration of the bill on the
House floor.
Thank you for your attention to this matter, and for the
cooperative working relationship between our two committees.
Sincerely,
John Conyers, Jr.,
Chairman.
____
House of Representatives,
Committee on Education and Labor,
Washington, DC, May 10, 2010.
Hon. John Conyers,
Chairman, Committee on the Judiciary, Rayburn House Office
Building, House of Representatives, Washington, DC.
Dear Chairman Conyers: Thank you for your May 10, 2010,
letter regarding H.R. 959, Officer Daniel Faulkner Children
of Fallen Heroes Scholarship Act of 2010. Your support for
this legislation and your assistance in ensuring its timely
consideration are greatly appreciated.
I agree that provisions in the bill are within the
jurisdiction of the Committee on the Judiciary. I acknowledge
that by waiving rights to further consideration at this time
of H.R. 959, your Committee is not relinquishing its
jurisdiction and I will fully support your request to be
represented in a House-Senate conference on those provisions
over which the Committee on the Judiciary has jurisdiction in
H.R. 959, or similar legislation. A copy of our letters will
be placed in the Congressional Record during consideration of
the bill on the House floor.
I value your cooperation and look forward to working with
you as we move ahead with this important legislation.
Sincerely,
George Miller,
Chairman.
I reserve the balance of my time.
Mr. KLINE of Minnesota. Madam Speaker, I yield myself such time as I
may consume.
Madam Speaker, I rise today in support of H.R. 959, the Officer
Daniel Faulkner Children of Fallen Heroes Scholarship Act of 2010. I'm
sure we're going to hear from my colleague from Pennsylvania (Mr.
Patrick J. Murphy) something about Officer Daniel Faulkner.
He represents a profession where the men and women serving put their
lives on the line every day. And H.R. 959 honors this ultimate
sacrifice that fallen heroic police officers and firefighters make by
providing their children with a helping hand that they cannot be there
to provide in furthering their education.
Children of fallen Active Duty service men and women are already
afforded this same assistance. This act ensures police officers and
firefighters are honored in the same manner as our brave soldiers,
sailors, airmen, and Marines for giving their lives to protect our
safety.
Every year hundreds of police officers, firefighters, and other
public safety officers die in the line of duty. Their jobs are
inherently dangerous, and they accept this risk to protect America's
citizens. It is important that we recognize their sacrifice and honor
their lives. The Officer Daniel Faulkner Children of Fallen Heroes
Scholarship Act provides a fiscally responsible way to convey our
gratitude and respect for those who sacrifice their lives to protect
us.
Madam Speaker, I reserve the balance of my time.
Ms. WOOLSEY. Madam Speaker, I am pleased to recognize the author of
H.R. 959, the gentleman from Pennsylvania, Congressman Patrick Murphy,
for as much time as he may consume.
Mr. PATRICK J. MURPHY of Pennsylvania. Madam Speaker, I thank the
gentlelady from California, and also the gentleman from Minnesota,
Congressman Kline, my Republican colleague, thank you so much for your
service to our country in the Marine Corps and for supporting this
bill. I do appreciate it.
Madam Speaker, I would also like to thank my colleague from across
the aisle, Republican Todd Platts from Pennsylvania. He has been my
battle buddy and my partner on this bipartisan bill. But his steadfast
commitment to our Nation's first responders is second to none. We've
worked on this bill together for 3 years now and today, finally, it
will come to fruition, and it's been an honor to partner with him.
Madam Speaker, you know that this is National Police Week and
Saturday is National Peace Officers Memorial Day. During these times of
recognition and reflection, it's critical that we pause and thank those
who bravely and selflessly protect us and our families.
But unfortunately, Madam Speaker, far too often we never get the
chance to truly express our deep appreciation because too often a
police officer, a firefighter, an EMS professional is taken from us too
soon.
Last year, in 2009 alone, 126 law enforcement officers and 90
firefighters were killed in the line of duty. They and their families
gave the ultimate sacrifice. These heroes sacrificed their lives for
the most noble of causes, serving their community and their country.
And Madam Speaker, as so many of us remember, such was a tragedy 29
years ago when Officer Daniel Faulkner was murdered in Philadelphia
during a routine traffic stop in Center City.
Officer Faulkner served in the Army prior to joining the Philadelphia
Police Department. At the time of his death, just a few weeks before
his 26th birthday, Danny was working toward his bachelor's degree in
criminal justice at night, hoping to eventually work in the district
attorney's office as a prosecutor. But because of the actions of a
cold-blooded killer, he never got that chance.
Madam Speaker, it was his example of service, of valor and dedication
that inspired me to introduce the Officer Daniel Faulkner Children of
Fallen Heroes Scholarship Act. Under our legislation, if a child of one
of these fallen heroes is eligible for any amount of Pell Grant money,
they will become automatically eligible for the maximum grant
available. In 2010, this means $5,550 to help pay for college and
nearly $6,000 by 2017.
This bill is in honor of Officer Faulkner and the thousands of other
heroes, including 11 officers, 21 firefighters, and two EMS workers who
have lost their lives in Bucks County, Pennsylvania. This bill is for
Middletown Police Officer Christopher Jones, killed in 2009; for
paramedic Daniel McIntosh, killed just a few months ago in March 2010;
and for countless others who have made the ultimate sacrifice. I'd like
to submit for the Record the list of names of Bucks County police
officers, firefighters, and EMS workers who did give the ultimate
sacrifice. They are our community's heroes.
Bucks County First Responders Killed in the Line of Duty
Following is the list of Bucks County's fallen Police,
Firefighters, and Paramedics killed over the past century:
POLICE
Sheriff Abraham L. Kulp
Shot to death on Feb. 24th, 1927 while trying to serve a
warrant in Bedminster Township.
Chief Eli Myers
Chief of Police Myers was directing traffic at the scene of
a brush fire when he was struck from behind by a vehicle he
had waved through the intersection. Chief Myers was
transported to a nearby hospital where he died a short time
later. Dublin Borough, died Oct. 31, 1965. Struck on foot by
vehicle. Aged 50 years, Chief Myers served 10 years.
Sgt. George Stuckey
Detective Sergeant Stuckey was shot and killed during a
traffic stop. The suspects were speeding when Sergeant
Stuckey pulled them over in front of the Bristol Twp Police
Department. Unbeknownst to Sergeant Stuckey, the suspects had
just robbed a bank. Bristol Township, died March 29, 1972.
Aged 33 years, Sergeant Stuckey served 7 years.
Officer James Armstrong
Officer Armstrong was overpowered by a robbery suspect. The
suspect gained control of Officer Armstrong's service weapon
and shot him with his own gun. Officer Armstrong's K-9 dog
was also killed by the suspect. The suspect received a life
sentence.
[[Page H3346]]
Officer Armstrong died Apr. 15, 1975. He was aged 27 years
and had served 4.
Officer Robert Yezzi
Officer Yezzi was struck by a passing vehicle while
struggling with suspect. Bensalem Township, died Aug. 12th,
1980. Aged 29 years, Officer Yezzi served 5 years.
Deputy Sheriffs Thomas Bateman and George Warta
Deputy Bateman and Deputy George Warta were killed when
their patrol car was struck head on by a tractor trailer on
Sept. 22, 1986. Deputy Bateman was aged 31 years, and served
9 and Deputy Warta was aged 47 years and served 7 years.
Ranger Stanley Flynn
On September 22nd, 1986, Deputy Bateman was returning to
his patrol area after leaving a prisoner at the jail. He and
Deputy George Warta were involved in a traffic accident on
Street Road in Warrington Township. Their vehicle went out of
control and they were struck head on by a vehicle traveling
in the opposite direction.
Officer Joseph E. Hanusey
Officer Hanusey was killed in an automobile accident while
responding to assist another officer. The officer requesting
back up had initiated a DUI traffic stop and was not
responding to the Bucks County Dispatch Officer's calls.
While en route, in heavy rain, Patrolman Hanusey's patrol car
left the roadway and struck some trees at US Route 611 and
Haring Road in Plumville, Pennsylvania. Officer Hanusey died
May 18th, 2002. He was aged 30 years, and had served 5.5
years.
Officer Brian Gregg
Newtown Police Officer Gregg was killed on September 29,
2005 in an emergency room massacre at St. Mary Medical Center
in Middletown Township.
Officer Chris Jones
Detective Chris Jones was struck and killed by a drunk
driver while conducting a traffic stop on Route 1, near the
I-95 interchange. As he was returning to his patrol car, two
cars collided and careened into his vehicle, which then
struck him. He was transported to a local hospital where he
succumbed to his injuries a short time later. The driver who
struck Detective Jones was charged with homicide by vehicle
and several other charges. Detective Jones had served with
the Middletown Township Police Department for 10 years and
was posthumously promoted to the rank of Detective. He is
survived by his wife and three children. Officer Jones died
Jan. 29th, 2009. He was aged 37 years, and served 10 years.
FIRE
Walter L. Moore, Foreman:
Bristol Fire Company No. 1, Station 51
On April 21st 1915, Foreman Moore was killed in the line of
duty while his apparatus he was riding in was struck by a
train while responding to house boat fires.
Willis Sames, Fireman:
Perkasie Fire Company, Station 26
On April 1st 1926, firefighter Sames was killed in the line
of duty when his apparatus he was in crashed while going to a
drill in Quakertown.
Jacob C. Crouthamel, Fireman:
Perkasie Fire Company, Station 26
On April 1st 1926, firefighter Crouthamel was killed in the
line of duty when his apparatus he was in crashed while going
to a drill in Quakertown.
James F. Hurley, Fireman:
Yardley-Makefield Fire Company, Sta-
tion 0
In April 1949, firefighter Hurley was killed in the line of
duty on box 0-1, when he was crushed between the ladder truck
and the fire station bay door.
William Bell, Fire Police Captain:
Warrington Fire Company, Station 29
On January 19th, 1964, fire police captain Bell was killed
in the line of duty while directing traffic at an accident
scene.
David S. Rubright, Assistant Chief:
Levittown Fire Company No. 1, Station 32
On November 15th, 1969, Assistant Chief Rubright was killed
in the line of duty with a heart attack shortly after
performing search and rescue on box 32-4, 16 Narcissus Lane.
Walter D. Miller, Fireman:
Croydon Fire Company, Station 11
On September 28th, 1970, Firefighter Miller was killed in
the line of duty while operating on box 11-34, falling from
the apparatus at State Road and Cedar Avenue.
Rudolph W. Bisler, Fireman:
Feasterville Fire Company, Station 1
On April 8th, 1971, firefighter Bisler died in the line of
duty after a suffering a heart attack while driving an engine
to a fire at the Phoenix Swim Club in Lower Southampton Twp.
Robert Roberts, Fireman:
Hartsville Fire Company Station 93
Watson Eyre Wright Jr., Fireman:
Warwick Fire Company Station 66
On Dec. 7th, 1974, died in the line of duty of a heart
attack after returning from a dwelling fire.
Henry Costello, Fire Police Captain:
Line Lexington Fire Company, Station 60
On October 21st, 1975, fire police captain Costello died in
the line of duty on box 60-01, the Hillside Inn 1903
Bethlehem Pike.
Wesley Evans, Fireman:
Bristol Consolidated Fire Company, Station 50
On December 12th, 1975, firefighter Evans died in the line
of duty of a heart attack while operating on box 53-35, 332
Cleveland Street.
Geary Von Hoffman, Fireman:
Falls Township Fire Company No. 1, Station 30
On April 26th, 1976, firefighter Hoffman was killed in the
line of duty while operating on box 30-41 when a flashover
occurred at the St. George's Diner on Lincoln Highway.
John S. Buranich III, Fireman:
Edgely Fire Company, Station 10
On November 10th, 1976, firefighter Buranich died in the
line of duty from injuries which occurred on July 23, 1976,
while responding on box 10-36.
Julian R. Bley, Sr., Assistant Chief:
Bristol Fire Company No. 1, Station 51
On June 8th, 1984, Assistant Chief Bley was killed in the
line of duty when he was electrocuted on box 53-16 at the
Purex Corp, Radcliffe Street.
Thomas J. Gibson, Fireman:
Union Fire Company, Station 37
On March 6th, 1985 firefighter Gibson was killed in the
line of duty when he fell from an aerial ladder while
operating on box 11-33.
Stanley R. Konefal, Fire Chief:
Cornwells Fire Company No. 1, Station 16
On November 15th, 1986, Chief Konefal died in the line of
duty when he was overcome by fumes while operating on box 16-
4, 1154 Tennis Avenue.
Milton E. Majors, Fire Police Captain:
Union Fire Company, Station 37
Tom Graver, Fire Police Captain:
Feasterville Fire Company, Station 1
On February 19th, 1974, Fire Police Captain Graver was
killed in the line of duty while directing traffic at Street
Road and Pennsylvania Blvd.
Nelson ``Snooky'' Margerum, Fire Chief:
Yardley-Makefield Fire Company, Sta-
tion 0
Chief Margerum died in the line of duty on March 15th,
1992, after suffering a heart attack while operating on box
0-5, 326 Big Oak Road.
Walter F. Vaughan, Fire Police Officer:
Warminster Fire Company, Station 90
On November 13th, 1999 fire police officer Vaughan was
killed in the line of duty while directing traffic on box 92-
36, 1575 West Street Road.
EMS/PARAMEDIC:
Dale Francis
Died in 2001
Dan Macintosh (Paramedic)
Died in 2010
March 7, 2010
Madam Speaker, every first responder deserves to know that if the
unthinkable were to happen, their children would be taken care of and
that their family would not be alone. This legislation is a small step
in that direction.
The work these heroes do every day puts an incredible strain on their
families, too. I know it because my father, Jack Murphy, spent over 20
years in the Philadelphia Police Department. Fortunately for my family,
he came home every night. But when he left for work, I could see the
strain in my mother's face. She always said to us three children, Make
sure you kiss your father good-bye because you never know if that's the
last time you'll see him. She knew the risks of my dad's profession.
But she also knew that he was doing his duty to protect all of us.
So many families in our communities are just like mine. And with this
bill, this Congress can come together as Democrats and Republicans, as
Americans, to do our part to ensure that the children of our fallen
heroes can still afford to go to college despite their profound loss.
We have received tremendous support for this bill. It has been
endorsed by the Fraternal Order of Police, the International
Association of Firefighters, and Members on both sides of this aisle.
Madam Speaker, I urge my colleagues to vote for this bill because we
must never forget what American heroes like Danny Faulkner, like
Christopher Jones, like Daniel McIntosh, and countless others have
given, and we must keep faith with those who love them.
Mr. KLINE of Minnesota. Madam Speaker, I encourage my colleagues to
support H.R. 959, and I yield back the balance of my time.
Ms. WOOLSEY. Madam Speaker, I urge my colleagues to support H.R. 959,
which offers financial assistance for higher education to the children
of police officers, firefighters, and other first responders who made
the ultimate sacrifice in the line of duty.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from California (Ms. Woolsey) that the House suspend the
rules and pass the bill, H.R. 959, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
[[Page H3347]]
____________________