II
105TH CONGRESS
2D SESSION
H. R. 4354
IN THE SENATE OF THE UNITED STATES
JULY 31, 1998
Received
AN ACT
To establish the United States Capitol Police Memorial Fund
on behalf of the families of Detective John Michael Gib-
son and Private First Class Jacob Joseph Chestnut of
the United States Capitol Police.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. ESTABLISHMENT OF UNITED STATES CAPITOL
POLICE MEMORIAL FUND.
There is hereby established in the Treasury of the
United States the United States Capitol Police Memorial
Fund (hereafter in this Act referred to as the ‘‘Fund’’).
All amounts received by the Capitol Police Board which
are designated for deposit into the Fund shall be deposited
into the Fund.
SEC. 2. PAYMENTS FROM FUND FOR FAMILIES OF DETEC-
TIVE GIBSON AND PRIVATE FIRST CLASS
CHESTNUT.
Subject to the regulations issued under section 4,
amounts in the Fund shall be paid to the families of De-
tective John Michael Gibson and Private First Class Jacob
Joseph Chestnut of the United States Capitol Police as
follows:
(1) 50 percent of such amounts shall be paid to
the widow and children of Detective Gibson.
(2) 50 percent of such amounts shall be paid to
the widow and children of Private First Class Chest-
nut.
SEC. 3. TAX TREATMENT OF FUND.
(a) CONTRIBUTIONS TO FUND.—For purposes of the
Internal Revenue Code of 1986, any contribution or gift
to or for the use of the Fund shall be treated as a con-
tribution or gift for exclusively public purposes to or for
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the use of an organization described in section 170(c)(1)
of such Code.
(b) TREATMENT OF PAYMENTS FROM FUND.—Any
payment from the Fund shall not be subject to any Fed-
eral, State, or local income or gift tax.
(c) EXEMPTION.—For purposes of such Code, not-
withstanding section 501(c)(1)(A) of such Code, the Fund
shall be treated as described in section 501(c)(1) of such
Code and exempt from tax under section 501(a) of such
Code.
SEC. 4. ADMINISTRATION BY CAPITOL POLICE BOARD.
The Capitol Police Board shall administer and man-
age the Fund (including establishing the timing and man-
ner of making payments under section 2) in accordance
with regulations issued by the Board, subject to the ap-
proval of the Committee on Rules and Administration of
the Senate and the Committee on House Oversight of the
House of Representatives. Under such regulations, the
Board shall pay any balance remaining in the Fund upon
the expiration of the 6-month period which begins on the
date of the enactment of this Act to the families of Detec-
tive John Michael Gibson and Private First Class Jacob
Joseph Chestnut in accordance with section 2, and shall
disburse any amounts in the Fund after the expiration of
such period in such manner as the Board may establish.
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Under such regulations, and using amounts in the Fund,
a financial adviser or trustee, as appropriate, for the fami-
lies of Detective John Michael Gibson and Private First
Class Jacob Joseph Chestnut of the United States Capitol
Police shall be appointed to advise the families respecting
disbursements to them of amounts in the Fund.
Passed the House of Representatives July 31, 1998.
Attest:
ROBIN H. CARLE,
Clerk.
By JEFF TRANDAHL,
Deputy Clerk.