I 
117TH CONGRESS 
1ST SESSION H. R. 1054 
To require the Secretary of Education to provide assistance to the immediate 
family of elementary or secondary school staff members killed in an 
act of violence while performing school duties. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 15, 2021 
Mr. HASTINGS (for himself, Mrs. HAYES, Ms. JACKSON LEE, Mr. THOMPSON 
of Mississippi, Mr. SIRES, Mr. SOTO, and Mr. SAN NICOLAS) introduced 
the following bill; which was referred to the Committee on Ways and 
Means, and in addition to the Committee on Education and Labor, 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 com-
mittee concerned 
A BILL 
To require the Secretary of Education to provide assistance 
to the immediate family of elementary or secondary 
school staff members 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 2021’’. 
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TITLE I—DEFINITIONS 
SEC. 101. DEFINITIONS. 
In this title: 
(1) COST OF ATTENDANCE.—The term ‘‘cost of 
attendance’’ has the meaning given that term in sec-
tion 472 of the Higher Education Act of 1965 (20 
U.S.C. 1087ll). 
(2) DEPENDENT CHILD.—The term ‘‘dependent 
child’’ means a son or daughter of the victim 
(whether natural or adopted) who is under 25 years 
old. 
(3) ESEA TERMS.—The terms ‘‘elementary 
school’’ and ‘‘secondary school’’ have the meanings 
given such terms in section 8101 of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 
7801). 
(4) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given that term in section 102 of the High-
er Education Act of 1965 (20 U.S.C. 1002). 
(5) SURVIVING SPOUSE.—The term ‘‘surviving 
spouse’’ means the spouse of the victim, as deter-
mined under applicable State law, at the time of the 
victim’s death. 
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(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Education. 
(7) VICTIM.—The term ‘‘victim’’ means a 
teacher, administrator, employee, or paid or unpaid 
staff member of an elementary school or secondary 
school who was killed by another person as a result 
of an act of violence while performing duties as such 
teacher, administrator, employee, or staff member, 
without regard to whether such performance takes 
place before, during, or after the school day or on 
or off school grounds. 
SEC. 102. DEATH BENEFIT, FUNERAL ASSISTANCE, AND LIV-
ING ALLOWANCE FOR FAMILIES OF VICTIMS. 
In any case in which the Secretary of Education de-
termines that a teacher, administrator, employee, or paid 
or unpaid staff member meets the definition of victim, the 
Secretary shall— 
(1) pay a death benefit of $325,000 and a sepa-
rate payment of not more than $1,500 to be used 
for funeral expenses, as follows (if the payee indi-
cated is living on the date on which the determina-
tion is made)— 
(A) if there is no dependent child who sur-
vived the victim, to the surviving spouse of the 
victim; 
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(B) if there is at least 1 dependent child 
who survived the victim and a surviving spouse 
of the victim, 50 percent to the surviving de-
pendent child (or children, in equal shares) and 
50 percent to the surviving spouse; 
(C) if there is no surviving spouse of the 
victim, to the surviving dependent child (or chil-
dren, in equal shares); 
(D) if there is no surviving spouse of the 
victim and no surviving dependent child— 
(i) to the surviving individual (or indi-
viduals, in shares per the designation, or, 
otherwise, in equal shares) designated by 
the victim to receive benefits under this 
section in the most recently executed des-
ignation of beneficiary of the victim on file 
at the time of death with the victim’s em-
ployer, agency, organization, or unit; or 
(ii) if there is no individual qualifying 
under clause (i), to the surviving individual 
(or individuals, in equal shares) designated 
by the victim to receive benefits under the 
most recently executed life insurance policy 
of the victim on file at the time of death 
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with the victim’s employer, agency, organi-
zation, or unit; 
(E) if there is no individual qualifying 
under subparagraph (A), (B), (C), or (D), to 
the surviving parent (or parents, in equal 
shares) of the victim; or 
(F) if there is no individual qualifying 
under subparagraph (A), (B), (C), (D), or (E), 
to the surviving individual (or individuals, in 
equal shares) who would qualify under the defi-
nition of the term ‘‘dependent child’’ but for 
age; and 
(2) pay a living allowance of $900 per month— 
(A) to the surviving spouse of the victim, 
until the earlier of the spouse’s death or remar-
riage; or 
(B) if there is no surviving spouse of the 
victim, to the surviving dependent child who 
have not reached the age of 18 (or such chil-
dren, in equal shares) until such children reach 
the age of 18. 
SEC. 103. DEPENDENT UNDERGRADUATE EDUCATION AS-
SISTANCE. 
(a) ANNUAL AMOUNT.— 
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(1) IN GENERAL.—In any case in which the 
Secretary of Education determines that a teacher, 
administrator, employee, or paid or unpaid staff 
member meets the definition of victim, the Secretary 
shall provide the following educational assistance al-
lowance, for each dependent child of the victim en-
rolled or accepted for enrollment at a program of 
undergraduate instruction at an institution of higher 
education: 
(A) The educational assistance allowance 
on behalf of a dependent child who is pursuing 
a program of education consisting of institu-
tional courses shall be paid at the monthly rate 
of $1,224 for full-time, $967 for three-quarter- 
time, or $710 for half-time pursuit. 
(B) The educational assistance allowance 
on behalf of a dependent child pursuing a pro-
gram of education on less than a half-time basis 
shall be paid at the rate of the lesser of— 
(i) the established charges for tuition 
and fees that the educational institution 
involved requires similarly circumstanced 
nonveterans enrolled in the same program 
to pay; or 
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