I 

115TH CONGRESS 

1ST SESSION H. R. 167 

To require the Secretary of Education to provide assistance to the immediate 

family of a teacher or other school employee killed in an act of violence 

while performing school duties. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 3, 2017 

Mr. HASTINGS introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on Education and the Workforce, and 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 require the Secretary of Education to provide assistance 

to the immediate family of a teacher or other school 

employee killed in an act of violence while performing 

school duties. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Teacher Victims’ Fam5 ily Assistance Act of 2017’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) The term ‘‘victim’’ means a teacher, admin2 istrator, employee, or paid or unpaid staff member 

3 of a public or private elementary or secondary school 

4 in the United States who was killed as a result of 

5 an act of violence committed by another person while 

6 performing school duties. 

7 (2) The term ‘‘surviving spouse’’ means the 

8 spouse of the victim, as determined under applicable 

9 State law, at the time of the victim’s death. 

10 (3) The term ‘‘dependent child’’ means a son or 

11 daughter of the victim (whether natural or adopted) 

12 who is under 25 years old. 

13 (4) The term ‘‘institution of higher education’’ 

14 has the meaning given that term in section 102 of 

15 the Higher Education Act of 1965 (20 U.S.C. 

16 1002). 

17 (5) The term ‘‘cost of attendance’’ has the 

18 meaning given that term in section 472 of the High19 er Education Act of 1965 (20 U.S.C. 1087ll). 

20 (6) The term ‘‘Secretary’’ means the Secretary 

21 of Education. 

22 SEC. 3. TEACHER VICTIM FAMILY ASSISTANCE. 

23 The Secretary of Education shall provide to each ap24 plicable recipient the following amounts and forms of as25 sistance: 


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1 (1) FUNERAL ASSISTANCE.—A payment of up 

2 to $1,500 to the surviving spouse, dependent child, 

3 or other next of kin, as determined by the Secretary, 

4 to assist with any funeral expenses of the victim. 

5 (2) DEATH BENEFIT.—A payment of $75,000 

6 to the surviving spouse, dependent child, or other 

7 next of kin, as determined by the Secretary. 

8 (3) LIVING ASSISTANCE.—Beginning one year 

9 after the date of death of the victim, a payment of— 

10 (A) $900 per month to the surviving 

11 spouse, until the earlier of the spouse’s death or 

12 remarriage; and 

13 (B) $225 per month to each dependent 

14 child, until reaching the age of 18 years. 

15 (4) DEPENDENT UNDERGRADUATE EDUCATION

16 ASSISTANCE.— 

17 (A) IN GENERAL.—For each dependent 

18 child enrolled or accepted for enrollment in a 

19 part-time or full-time program of under20 graduate instruction at an institution of higher 

21 education, an annual amount not to exceed the 

22 lesser of $7,500 or half the total annual cost of 

23 attendance at such institution. 

24 (B) RELATION TO OTHER ASSISTANCE.— 

25 Assistance provided under this paragraph shall 


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1 not be considered for the purpose of awarding 

2 Federal assistance under title IV of the Higher 

3 Education Act of 1965 (20 U.S.C. 1070 et 

4 seq.), except that in no case shall the sum of 

5 the total amount of student financial assistance 

6 awarded to a dependent child under such title 

7 and the amount of assistance provided under 

8 this paragraph exceed the child’s total cost of 

9 attendance. 

10 (C) DURATION OF ASSISTANCE.—A de11 pendent child may receive assistance under this 

12 paragraph for not more than a total of 5 years. 

13 (D) GOOD STANDING REQUIRED.—The de14 pendent child must maintain good standing at 

15 the institution in order to receive assistance 

16 under this paragraph. 

17 (E) EFFECT OF PARENTAL DEATH OR RE18 MARRIAGE.—The death or remarriage of the 

19 surviving spouse does not affect a dependent 

20 child’s eligibility for assistance under this para21 graph. 


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1 SEC. 4. TAX PROVISIONS RELATING TO ELEMENTARY OR 

2 SECONDARY SCHOOL STAFF MEMBERS 

3 KILLED IN AN ACT OF VIOLENCE WHILE PER4 FORMING SCHOOL DUTIES. 

5 (a) TEACHER’S WAGES IN YEAR OF DEATH EX6 CLUDED FROM INCOME.— 

7 (1) IN GENERAL.—Part II of subchapter J of 

8 chapter 1 of the Internal Revenue Code of 1986 is 

9 amended by adding at the end the following new sec10 tion: 

11 ‘‘SEC. 693. INCOME TAXES OF ELEMENTARY OR SECONDARY 

12 SCHOOL STAFF MEMBERS KILLED IN AN ACT 

13 OF VIOLENCE WHILE PERFORMING SCHOOL 

14 DUTIES. 

15 ‘‘In the case of any individual who is a victim (as 

16 defined by section 2(1) of the Teacher Victims’ Family 

17 Assistance Act of 2017), any tax imposed by this subtitle 

18 on any amount received by such individual by reason of 

19 school employment shall not apply with respect to the tax20 able year in which falls the date of death of the indi21 vidual.’’. 

22 (2) CLERICAL AMENDMENT.—The table of sec23 tions for part II of subchapter J of chapter 1 of 

24 such Code is amended by inserting at the end the 

25 following new item: 


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‘‘Sec. 693. Income taxes of elementary or secondary school staff members killed 

in an act of violence while performing school duties.’’. 

1 (b) EXCLUSION OF TEACHER VICTIM FAMILY AS2 SISTANCE.— 

3 (1) IN GENERAL.—Part III of subchapter B of 

4 chapter 1 of such Code (relating to items specifically 

5 excluded from gross income) is amended by inserting 

6 after section 139F the following new section: 

7 ‘‘SEC. 139G. TEACHER VICTIM FAMILY ASSISTANCE. 

8 ‘‘In the case of an individual, gross income does not 

9 include any amount received in a taxable year under sec10 tion 2 of the Teacher Victims’ Family Assistance Act of 

11 2017.’’. 

12 (2) CLERICAL AMENDMENT.—The table of sec13 tions for such part is amended by inserting after the 

14 item relating to section 139F the following new 

15 item: 

‘‘Sec. 139G. Teacher victim family assistance.’’. 

16 (c) EFFECTIVE DATE.—The amendments made by 

17 this section shall apply to taxable years beginning after 

18 December 31, 2016. 

19 SEC. 5. TEACHER VICTIMS’ FAMILY FUND. 

20 (a) ESTABLISHMENT.—Subchapter A of chapter 98 

21 of the Internal Revenue Code of 1986 is amended by add22 ing at the end the following: 


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1 ‘‘SEC. 9512. TEACHER VICTIMS’ FAMILY TRUST FUND. 

2 ‘‘(a) CREATION OF TRUST FUND.—There is estab3 lished in the Treasury of the United States a trust fund 

4 to be known as the ‘Teacher Victims’ Family Trust Fund’ 

5 (referred to in this section as the ‘Trust Fund’), consisting 

6 of such amounts as may be appropriated or credited to 

7 the Trust Fund as provided in this section or section 

8 9602(b). 

9 ‘‘(b) TRANSFERS TO TRUST FUND.—There is hereby 

10 appropriated to the Trust Fund an amount equivalent to 

11 the increase in revenues received in the Treasury by rea12 son of the increase in tax imposed under section 4181 by 

13 the Teacher Victims’ Family Assistance Act of 2017. 

14 ‘‘(c) DISTRIBUTION OF AMOUNTS IN TRUST FUND.— 

15 Amounts in the Trust Fund shall be available, as provided 

16 in appropriation Acts, to carry out section 3 of the Teach17 er Victims’ Family Assistance Act of 2017.’’. 

18 (b) INCREASE IN EXCISE TAX ON AMMUNITION.— 

19 Section 4181 of such Code is amended— 

20 (1) by striking ‘‘Shells, and cartridges.’’, and 

21 (2) by adding at the end the following: 

22 ‘‘Articles taxable at 13 percent— 

23 ‘‘Shells, and cartridges.’’. 

24 (c) CONFORMING AMENDMENTS.— 

25 (1) Subsection (a) of section 3 of the Pittman26 Robertson Wildlife Restoration Act (16 U.S.C. 


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1 669b) is amended by adding at the end the following 

2 new paragraph: 

3 ‘‘(3) Paragraph (1) shall not apply to so much 

4 of the revenues accruing under section 4181 of the 

5 Internal Revenue Code of 1986 as are attributable 

6 to the increase in tax imposed under section 4181 by 

7 the Teacher Victims’ Family Assistance Act of 

8 2017.’’. 

9 (2) The table of sections for subchapter A of 

10 chapter 98 of such Code is amended by adding at 

11 the end the following: 

‘‘Sec. 9512. Teacher Victims’ Family Trust Fund.’’. 

12 (d) EFFECTIVE DATE.— 

13 (1) Except as provided by paragraph (2), the 

14 amendments made by this section shall take effect 

15 on the date of the enactment of this Act. 

16 (2) The amendment made by subsection (b) 

17 shall apply to articles sold after the date of the en18 actment of this Act. 

19 SEC. 6. ELIGIBILITY FOR PUBLIC SAFETY OFFICER DEATH 

20 BENEFITS. 

21 For purposes of part L of the Omnibus Crime Con22 trol and Safe Streets Act of 1968 (42 U.S.C. 3796 et 

23 seq.)— 

24 (1) a victim shall be deemed to be a public safe25 ty officer who has died as the direct and proximate 


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1 result of a personal injury sustained in the line of 

2 duty; 

3 (2) the surviving spouse of the victim shall be 

4 deemed to be the surviving spouse of such a public 

5 safety officer; and 

6 (3) the dependent child of the victim shall be 

7 deemed to be the surviving child of such a public 

8 safety officer. 

9 SEC. 7. ASSISTANCE SUPPLEMENTS, NOT SUPPLANTS 

10 OTHER BENEFITS. 

11 No assistance provided under this Act may supplant 

12 any benefit or other compensation paid or payable to the 

13 surviving spouse, dependent child, or other next of kin of 

14 the victim by the victim’s employer, school, school district, 

15 or local or State government, or by any insurance coverage 

16 of the victim. 

Æ 


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