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 Com-
mittee on Ways and Means, and in addition to the Committees on Edu-
cation and the Workforce, and the Judiciary, for a period to be subse-
quently 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. 
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 2017’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) The term ‘‘victim’’ means a teacher, admin-
istrator, employee, or paid or unpaid staff member 
of a public or private elementary or secondary school 
in the United States who was killed as a result of 
an act of violence committed by another person while 
performing school duties. 
(2) The term ‘‘surviving spouse’’ means the 
spouse of the victim, as determined under applicable 
State law, at the time of the victim’s death. 
(3) The term ‘‘dependent child’’ means a son or 
daughter of the victim (whether natural or adopted) 
who is under 25 years old. 
(4) The term ‘‘institution of higher education’’ 
has the meaning given that term in section 102 of 
the Higher Education Act of 1965 (20 U.S.C. 
1002). 
(5) The term ‘‘cost of attendance’’ has the 
meaning given that term in section 472 of the High-
er Education Act of 1965 (20 U.S.C. 1087ll). 
(6) The term ‘‘Secretary’’ means the Secretary 
of Education. 
SEC. 3. TEACHER VICTIM FAMILY ASSISTANCE. 
The Secretary of Education shall provide to each ap-
plicable recipient the following amounts and forms of as-
sistance: 
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(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 
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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. 
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SEC. 4. 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(1) of the Teacher Victims’ Family 
Assistance Act of 2017), 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: 
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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.’’. 
(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 inserting 
after section 139F the following new section: 
‘‘SEC. 139G. 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 
2017.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for such part is amended by inserting after the 
item relating to section 139F the following new 
item: 
‘‘Sec. 139G. Teacher victim family assistance.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years beginning after 
December 31, 2016. 
SEC. 5. TEACHER VICTIMS’ FAMILY FUND. 
(a) ESTABLISHMENT.—Subchapter A of chapter 98 
of the Internal Revenue Code of 1986 is amended by add-
ing at the end the following: 
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‘‘SEC. 9512. TEACHER VICTIMS’ FAMILY TRUST FUND. 
‘‘(a) CREATION OF TRUST FUND.—There is estab-
lished in the Treasury of the United States a trust fund 
to be known as the ‘Teacher Victims’ Family Trust Fund’ 
(referred to in this section as the ‘Trust Fund’), consisting 
of such amounts as may be appropriated or credited to 
the Trust Fund as provided in this section or section 
9602(b). 
‘‘(b) TRANSFERS TO TRUST FUND.—There is hereby 
appropriated to the Trust Fund an amount equivalent to 
the increase in revenues received in the Treasury by rea-
son of the increase in tax imposed under section 4181 by 
the Teacher Victims’ Family Assistance Act of 2017. 
‘‘(c) DISTRIBUTION OF AMOUNTS IN TRUST FUND.— 
Amounts in the Trust Fund shall be available, as provided 
in appropriation Acts, to carry out section 3 of the Teach-
er Victims’ Family Assistance Act of 2017.’’. 
(b) INCREASE IN EXCISE TAX ON AMMUNITION.— 
Section 4181 of such Code is amended— 
(1) by striking ‘‘Shells, and cartridges.’’, and 
(2) by adding at the end the following: 
‘‘Articles taxable at 13 percent— 
‘‘Shells, and cartridges.’’. 
(c) CONFORMING AMENDMENTS.— 
(1) Subsection (a) of section 3 of the Pittman- 
Robertson Wildlife Restoration Act (16 U.S.C. 
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669b) is amended by adding at the end the following 
new paragraph: 
‘‘(3) Paragraph (1) shall not apply to so much 
of the revenues accruing under section 4181 of the 
Internal Revenue Code of 1986 as are attributable 
to the increase in tax imposed under section 4181 by 
the Teacher Victims’ Family Assistance Act of 
2017.’’. 
(2) The table of sections for subchapter A of 
chapter 98 of such Code is amended by adding at 
the end the following: 
‘‘Sec. 9512. Teacher Victims’ Family Trust Fund.’’. 
(d) EFFECTIVE DATE.— 
(1) Except as provided by paragraph (2), the 
amendments made by this section shall take effect 
on the date of the enactment of this Act. 
(2) The amendment made by subsection (b) 
shall apply to articles sold after the date of the en-
actment of this Act. 
SEC. 6. ELIGIBILITY FOR PUBLIC SAFETY OFFICER DEATH 
BENEFITS. 
For purposes of part L of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 (42 U.S.C. 3796 et 
seq.)— 
(1) a victim shall be deemed to be a public safe-
ty officer who has died as the direct and proximate 
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result of a personal injury sustained in the line of 
duty; 
(2) the surviving spouse of the victim shall be 
deemed to be the surviving spouse of such a public 
safety officer; and 
(3) the dependent child of the victim shall be 
deemed to be the surviving child of such a public 
safety officer. 
SEC. 7. ASSISTANCE SUPPLEMENTS, NOT SUPPLANTS 
OTHER BENEFITS. 
No assistance provided under this Act may supplant 
any benefit or other compensation paid or payable to the 
surviving spouse, dependent child, or other next of kin of 
the victim by the victim’s employer, school, school district, 
or local or State government, or by any insurance coverage 
of the victim. 
Æ 
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