H.R. 959House111th Congress (2009-2011)Passed House

Officer Daniel Faulkner Children of Fallen Heroes Scholarship Act of 2010

Legislative Activity

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12 earlier actions

SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Health, Education, Labor, and Pensions Committee

May 17, 2010

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HouseIntro Referral

Introduced in House

February 10, 2009

HouseIntro Referral

Referred to House Education and Labor

Education and Workforce Committee

February 10, 2009

HouseIntro Referral

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.

February 10, 2009

HouseIntro Referral

Referred to House Judiciary

Judiciary Committee

February 10, 2009

HouseCommittee

Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

Crime and Federal Government Surveillance Subcommittee

March 16, 2009

HouseCommittee

Referred to the Subcommittee on Higher Education, Lifelong Learning, and Competitiveness.

Higher Education and Workforce Development Subcommittee

March 23, 2009

HouseFloor

Ms. Woolsey moved to suspend the rules and pass the bill, as amended.

May 12, 2010 • 12:30 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H3344-3346)

May 12, 2010 • 12:30 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 959.

May 12, 2010 • 12:30 PM

HouseFloor

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)

May 12, 2010 • 12:41 PM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H3344)

May 12, 2010 • 12:41 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

May 12, 2010 • 12:41 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Health, Education, Labor, and Pensions Committee

May 17, 2010

Floor Debate

4 members

What members said about H.R. 959 on the floor

2 Republicans2 Democrats

Rep. Lynn C. WoolseyD-CA-6 · May 12, 2010

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. Madam…

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.

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.

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

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.

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.

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.

Rep. Patrick J. MurphyD-PA-8 · May 12, 2010

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…

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:

Rep. John KlineR-MN-2 · May 12, 2010

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…

Rep. Todd Russell PlattsR-PA-19 · May 13, 2010

Madam Speaker, I rise today in support of H.R. 959, the Children of Fallen Heroes Scholarship Act, which provides financial assistance for higher education to the children of police officers,…

Bill Text

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Referred in SenateIssued May 17, 2010

IIB

111th CONGRESS

2d Session

H. R. 959

IN THE SENATE OF THE UNITED STATES

May 17, 2010

Received; read twice and referred to the Committee on Health, Education, Labor, and Pensions

AN ACT

To increase Federal Pell Grants for the children of fallen public safety officers, and for other purposes.

Short title

This Act may be cited as the Officer Daniel Faulkner Children of Fallen Heroes Scholarship Act of 2010.

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.

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).

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.

Effective date

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.