Officer Daniel Faulkner Children of Fallen Heroes Scholarship Act of 2010 - (Sec. 2) 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.
(Sec. 3) 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.
[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[H.R. 959 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 959
To increase Federal Pell Grants for the children of fallen public
safety officers, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 10, 2009
Mr. Patrick J. Murphy of Pennsylvania (for himself and Mr. Platts)
introduced the following bill; which was referred to the Committee on
Education and Labor, and in addition to the Committee on the Judiciary,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Officer Daniel Faulkner Children of
Fallen Heroes Scholarship Act of 2009''.
SEC. 2. CALCULATION OF FEDERAL PELL GRANT ELIGIBILITY.
Section 401(f) of the Higher Education Act of 1965 (20 U.S.C.
1070a(f)) is amended by adding at the end the following new paragraph:
``(5)(A) Notwithstanding paragraph (1) or any other
provision of this section, the expected family contribution of
each student described in subparagraph (C) shall be deemed to
be zero for the period during which each such student is
eligible to receive a Federal Pell Grant under subsection (c).
``(B) The amount by which a Federal Pell Grant is increased
to any student under subparagraph (A) shall not be considered
in determining that student's need for any other grant or work
assistance under this title, except that in no case shall the
total amount of student financial assistance awarded to a
student under this title exceed that student's cost of
attendance, as defined in section 472.
``(C) Subparagraph (A) shall apply to any student at an
institution of higher education--
``(i) whose parent or legal guardian--
``(I) was actively serving as a public
safety officer; and
``(II) died in the line of duty while
performing as a public safety officer; and
``(ii) who was 18 years of age or less, or was
enrolled as a full-time or part-time student at an
institution of higher education, as of the time of such
parent or legal guardian's death.
``(D) For purposes of this paragraph--
``(i) 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;
``(ii) 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;
``(iii) 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;
``(iv) 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
``(v) 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 EDUCATIONAL ASSISTANCE TO DEPENDENTS OF PUBLIC
SAFETY OFFICERS.
Section 1212(a) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796d-1(a)) is amended--
(1) in paragraph (2), striking ``paragraph (3)'' and
inserting ``paragraphs (3) and (4)'';
(2) in paragraph (3)(A), by striking ``sources to which the
eligible dependent would otherwise be entitled to receive'' and
inserting ``sources the eligible dependent receives, except as
provided in paragraph (4)''; and
(3) by adding at the end the following new paragraph:
``(4) The amount described in subparagraph (A) of paragraph
(3) shall not include the amount by which a Federal Pell Grant
to a student is increased under section 401(f)(5)(A) of the
Higher Education Act of 1965.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to Federal
Pell Grants awarded for academic year 2010-2011, and each succeeding
academic year.
<all>
Introduced in House
Introduced in House
Referred to House Education and Labor
Referred to the Committee on Education and Labor, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to House Judiciary
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Referred to the Subcommittee on Higher Education, Lifelong Learning, and Competitiveness.
Ms. Woolsey moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H3344-3346)
DEBATE - The House proceeded with forty minutes of debate on H.R. 959.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H3344)
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On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H3344)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.