[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4354 Enrolled Bill (ENR)]
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 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 disbursements to them of amounts in the
Fund.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.