I 

108TH CONGRESS 

1ST SESSION H. R. 416

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 28, 2003

Mr. HASTINGS of Florida introduced the following bill; which was referred to 

the Committee on Education and the Workforce, and in addition to the 

Committees on Ways and Means, and Energy and Commerce, 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 2003’’. 
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1 SEC. 2. TEACHER VICTIM FAMILY ASSISTANCE. 

2 The Secretary of Education shall provide to each ap3 plicable recipient the following amounts and forms of as4 sistance: 

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

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

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

8 to assist with any funeral expenses of the victim. 

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

10 to the surviving spouse, dependent child, or other 

11 next of kin, as determined by the Secretary. 

12 (3) LIVING ASSISTANCE.—Beginning one year 

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

14 (A) $900 per month to the surviving 

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

16 remarriage; and 

17 (B) $225 per month to each dependent 

18 child, until reaching the age of 18 years. 

19 (4) DEPENDENT UNDERGRADUATE EDUCATION

20 ASSISTANCE.—

21 (A) IN GENERAL.—For each dependent 

22 child enrolled or accepted for enrollment in a 

23 part-time or full-time program of under24 graduate instruction at an institution of higher 

25 education, an annual amount not to exceed the 
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1 lesser of $7,500 or half the total annual cost of 

2 attendance at such institution. 

3 (B) RELATION TO OTHER ASSISTANCE.—

4 Assistance provided under this paragraph shall 

5 not be considered for the purpose of awarding 

6 Federal assistance under title IV of the Higher 

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

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

9 the total amount of student financial assistance 

10 awarded to a dependent child under such title 

11 and the amount of assistance provided under 

12 this paragraph exceed the child’s total cost of 

13 attendance. 

14 (C) DURATION OF ASSISTANCE.—A de15 pendent child may receive assistance under this 

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

17 (D) GOOD STANDING REQUIRED.—The de18 pendent child must maintain good standing at 

19 the institution in order to receive assistance 

20 under this paragraph. 

21 (E) EFFECT OF PARENTAL DEATH OR RE22 MARRIAGE.—The death or remarriage of the 

23 surviving spouse does not affect a dependent 

24 child’s eligibility for assistance under this para25 graph. 
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1 SEC. 3. 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(f)(1) of the Teacher Victims’ Family 

17 Assistance Act of 2003), 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:

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

in an act of violence while performing school duties.’’.
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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 redesig6 nating section 139 as section 139A and by inserting 

7 after section 138 the following new section: 

8 ‘‘SEC. 139. TEACHER VICTIM FAMILY ASSISTANCE. 

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

10 include any amount received in a taxable year under sec11 tion 2 of the Teacher Victims’ Family Assistance Act of 

12 2003.’’. 

13 (2) CLERICAL AMENDMENT.—The table of sec14 tions for such part is amended by striking the last 

15 item and inserting the following new items:

‘‘Sec. 139. Teacher victim family assistance. 

‘‘Sec. 139A. Cross references to other Acts.’’.

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

17 this section shall apply to taxable years beginning after 

18 December 31, 2000. 

19 SEC. 4. ENTITLEMENT TO MEDICARE BENEFITS. 

20 (a) BASIC MEDICARE HEALTH BENEFITS.—The sur21 viving spouse and each dependent child of a victim may 

22 elect to be deemed to be entitled to hospital insurance ben23 efits under part A of the Social Security Act (42 U.S.C. 

24 1395c) et seq. and to be enrolled under part B of such 
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1 Act (42 U.S.C. 1395j) for supplementary medical insur2 ance benefits under the medicare program. 

3 (b) MEDIGAP BENEFITS.—A surviving spouse and 

4 dependent child referred to in subsection (a) may enroll 

5 under a medicare supplemental policy under section 1882 

6 of the Social Security Act (42 U.S.C. 1395ss) in the same 

7 manner and under the same terms and conditions as apply 

8 to individuals who first become entitled to benefits under 

9 part A of title XVIII of such Act, or enrolled under part 

10 B of such title. 

11 (c) PERIOD OF ENTITLEMENT.—Each surviving 

12 spouse and dependent child making an election under sub13 section (a) shall be so entitled and enrolled for the period 

14 that begins on the date of election and ends on—

15 (1) in the case of a surviving spouse, the date 

16 on which the surviving spouse remarries; and 

17 (2) in the case of an individual who is a de18 pendent child, the date on which the individual at19 tains 25 years of age. 

20 (d) ADMINISTRATION OF PROVISION.—The Secretary 

21 of Health and Human Services shall take such steps as 

22 are necessary to implement the provisions of this section, 

23 and provide for appropriate enrollment periods under title 

24 XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) 

25 to carry out the provisions of this section. 
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1 SEC. 5. ASSISTANCE SUPPLEMENTS, NOT SUPPLANTS 

2 OTHER BENEFITS. 

3 No assistance provided under this Act may supplant 

4 any benefit or other compensation paid or payable to the 

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

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

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

8 of the victim. 

9 SEC. 6. DEFINITIONS. 

10 In this Act: 

11 (1) The term ‘‘victim’’ means a teacher, admin12 istrator, employee, or paid or unpaid staff member 

13 of a public or private elementary or secondary school 

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

15 an act of violence committed by another person while 

16 performing school duties. 

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

18 spouse of the victim, as determined under applicable 

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

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

21 daughter of the victim (whether natural or adopted) 

22 who is under 25 years old. 

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

24 has the meaning given that term in section 102 of 

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

26 1002). 
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1 (5) The term ‘‘cost of attendance’’ has the 

2 meaning given that term in section 472 of the High3 er Education Act of 1965 (20 U.S.C. 1087ll). 

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

5 of Education.

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