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 pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Teacher Victims’ Fam-
ily Assistance Act of 2003’’.
SEC. 2. TEACHER VICTIM FAMILY ASSISTANCE. 
The Secretary of Education shall provide to each ap-
plicable recipient the following amounts and forms of as-
sistance: 
(1) FUNERAL ASSISTANCE.—A payment of up 
to $1,500 to the surviving spouse, dependent child, 
or other next of kin, as determined by the Secretary, 
to assist with any funeral expenses of the victim. 
(2) DEATH BENEFIT.—A payment of $75,000 
to the surviving spouse, dependent child, or other 
next of kin, as determined by the Secretary. 
(3) LIVING ASSISTANCE.—Beginning one year 
after the date of death of the victim, a payment of—
(A) $900 per month to the surviving 
spouse, until the earlier of the spouse’s death or 
remarriage; and 
(B) $225 per month to each dependent 
child, until reaching the age of 18 years. 
(4) DEPENDENT UNDERGRADUATE EDUCATION 
ASSISTANCE.—
(A) IN
GENERAL.—For each dependent 
child enrolled or accepted for enrollment in a 
part-time or full-time program of under-
graduate instruction at an institution of higher 
education, an annual amount not to exceed the
lesser of $7,500 or half the total annual cost of 
attendance at such institution. 
(B) RELATION TO OTHER ASSISTANCE.—
Assistance provided under this paragraph shall 
not be considered for the purpose of awarding 
Federal assistance under title IV of the Higher 
Education Act of 1965 (20 U.S.C. 1070 et 
seq.), except that in no case shall the sum of 
the total amount of student financial assistance 
awarded to a dependent child under such title 
and the amount of assistance provided under 
this paragraph exceed the child’s total cost of 
attendance. 
(C) DURATION
OF
ASSISTANCE.—A de-
pendent child may receive assistance under this 
paragraph for not more than a total of 5 years. 
(D) GOOD STANDING REQUIRED.—The de-
pendent child must maintain good standing at 
the institution in order to receive assistance 
under this paragraph. 
(E) EFFECT OF PARENTAL DEATH OR RE-
MARRIAGE.—The death or remarriage of the 
surviving spouse does not affect a dependent 
child’s eligibility for assistance under this para-
graph.
SEC. 3. TAX PROVISIONS RELATING TO ELEMENTARY OR 
SECONDARY 
SCHOOL 
STAFF 
MEMBERS 
KILLED IN AN ACT OF VIOLENCE WHILE PER-
FORMING SCHOOL DUTIES. 
(a) TEACHER’S WAGES IN YEAR OF DEATH EX-
CLUDED FROM INCOME.—
(1) IN GENERAL.—Part II of subchapter J of 
chapter 1 of the Internal Revenue Code of 1986 is 
amended by adding at the end the following new sec-
tion: 
‘‘SEC. 693. INCOME TAXES OF ELEMENTARY OR SECONDARY 
SCHOOL STAFF MEMBERS KILLED IN AN ACT 
OF VIOLENCE WHILE PERFORMING SCHOOL 
DUTIES. 
‘‘In the case of any individual who is a victim (as 
defined by section 2(f)(1) of the Teacher Victims’ Family 
Assistance Act of 2003), any tax imposed by this subtitle 
on any amount received by such individual by reason of 
school employment shall not apply with respect to the tax-
able year in which falls the date of death of the indi-
vidual.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for part II of subchapter J of chapter 1 of 
such Code is amended by inserting at the end the 
following new item:
‘‘Sec. 693. Income taxes of elementary or secondary school staff members killed 
in an act of violence while performing school duties.’’.
(b) EXCLUSION OF TEACHER VICTIM FAMILY AS-
SISTANCE.—
(1) IN GENERAL.—Part III of subchapter B of 
chapter 1 of such Code (relating to items specifically 
excluded from gross income) is amended by redesig-
nating section 139 as section 139A and by inserting 
after section 138 the following new section: 
‘‘SEC. 139. TEACHER VICTIM FAMILY ASSISTANCE. 
‘‘In the case of an individual, gross income does not 
include any amount received in a taxable year under sec-
tion 2 of the Teacher Victims’ Family Assistance Act of 
2003.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for such part is amended by striking the last 
item and inserting the following new items:
‘‘Sec. 139. Teacher victim family assistance. 
‘‘Sec. 139A. Cross references to other Acts.’’.
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years beginning after 
December 31, 2000. 
SEC. 4. ENTITLEMENT TO MEDICARE BENEFITS. 
(a) BASIC MEDICARE HEALTH BENEFITS.—The sur-
viving spouse and each dependent child of a victim may 
elect to be deemed to be entitled to hospital insurance ben-
efits under part A of the Social Security Act (42 U.S.C. 
1395c) et seq. and to be enrolled under part B of such