H. R. 4354
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-eight
An Act
To establish the United States Capitol Police Memorial Fund on behalf of the
families of Detective John Michael Gibson and Private First Class Jacob Joseph
Chestnut of the United States Capitol Police.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
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 DETECTIVE 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 Detective John Michael
Gibson and Private First Class Jacob Joseph Chestnut of the United
States Capitol Police as follows:
(1) Fifty percent of such amounts shall be paid to the
widow and children of Detective Gibson.
(2) Fifty percent of such amounts shall be paid to the
widow and children of Private First Class Chestnut.
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 contribution or gift for exclusively
public purposes to or for 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 Federal, State, or local income
or gift tax.
(c) EXEMPTION.—For purposes of such Code, notwithstanding
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 manage the
Fund (including establishing the timing and manner of making
payments under section 2) in accordance with regulations issued
by the Board, subject to the approval of the Committee on Rules
and Administration of the Senate and the Committee on House
H. R. 4354—2
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 Detective 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. Under such regulations, and using
amounts in the Fund, a financial adviser or trustee, as appropriate,
for the families 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 disburse-
ments to them of amounts in the Fund.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.