[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4354 Received in Senate (RDS)]

  2d Session
                                H. R. 4354


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                   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 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) 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 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.

            Passed the House of Representatives July 31, 1998.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.

                              By Jeff Trandahl,

                                                          Deputy Clerk.