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