Congressional Record, Volume 144 Issue 106 (Friday, July 31, 1998)

[Congressional Record Volume 144, Number 106 (Friday, July 31, 1998)]
[House]
[Pages H6864-H6865]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

UNITED STATES CAPITOL POLICE MEMORIAL FUND

Mr. THOMAS. Mr. Speaker, I ask unanimous consent that the Committee
on House Oversight and the Committee on Ways and Means be discharged
from further consideration of the bill (H.R. 4354) 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, and ask for its immediate
consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore (Mr. Dreier). Is there objection to the
request of the gentleman from California?
Mr. HOYER. Mr. Speaker, reserving the right to object, and I will not
object, but under my reservation, I yield to the gentleman from
California.
Mr. THOMAS. Mr. Speaker, I thank the gentleman for yielding.
As we were discussing last night, this is a resolution to create a
memorial fund under the title ``United States Capitol Police Memorial
Fund.'' It will initially be on behalf of the Gibson and Chestnut
families for a period of 6 months, when it will continue in perpetuity
as a United States Capitol Police Memorial Fund. It is to create an
official fund in the United States Treasury. Therefore, the support and
oversight of that is entirely appropriate in using Federal funds.
In addition to that, any contributions to the fund are tax deductible
as charitable donations, and because of the description and type of the
fund, Federal campaign committees may be able to contribute to the
funds as well.
When the gentleman finishes his comments and withdraws his
reservation, Mr. Speaker, I have an amendment at the desk which will
allow us to conclude the resolution.
Mr. HOYER. Mr. Speaker, reclaiming my time, I said yesterday that for
the past 2 days, all of America has paid its respect, its admiration,
and its thanks to two heroic officers, two officers who themselves
acted in the defense of freedom and this institution, but who also
symbolize those who every day place themselves in harm's way to ensure
civil order in our democracy, civil order which is absolutely essential
if our democracy is to function as our Founding Fathers conceived it.
Mr. Speaker, this resolution, if adopted as I expect it to be
unanimously, will provide an additional way in which we can honor those
two officers through contributions to this fund that will ensure that
the families who have sustained an inestimable loss will nevertheless
be, to the extent that we can as a generous Nation provide for them
from an economic standpoint, that the loss that they sustained will be
to that small degree diminished. It is an appropriate resolution, an
appropriate action, and I would be pleased to again, under my
reservation, Mr. Speaker, to yield to the distinguished gentleman from
California (Mr. Thomas), chairman of the Committee on House Oversight.
Mr. THOMAS. Mr. Speaker, it is entirely appropriate that at the time
that the Chestnut family is, in fact, remembering their father and
husband and friend and relative, that we establish this fund. At this
time I would also like to thank the gentleman from Maryland for the
courtesies and cooperation that he exhibited; indeed, all of the
Members of this House, in terms

[[Page H6865]]

of the level of intensity of their response to an extremely tragic and
unfortunate situation. In all likelihood, this will be the last
resolution on this particular subject to come before the House, and I
did want to indicate that the House is an institution and each
individual in it, I believe, can be extremely proud of the way in which
the Capitol community responded to such a tragic incident affecting two
of its own.
Mr. HOYER. Mr. Speaker, I withdraw my reservation of objection.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
The Clerk read the bill, as follows:

H.R. 4354

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.

amendment offered by mr. thomas

Mr. THOMAS. Mr. Speaker, I offer an amendment.
The Clerk read as follows:

Amendment offered by Mr. Thomas:
Add at the end of section 4 the following: ``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 disbursement to
them of amounts in the Fund.''.

Mr. THOMAS. Mr. Speaker, I urge that the resolution and amendment be
adopted.
Mr. HOYER. Mr. Speaker, I support the amendment.
The SPEAKER pro tempore. The question is on the amendment offered by
the gentleman by the gentleman from California (Mr. Thomas).
The amendment was agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, was read
the third time, and passed, and a motion to reconsider was laid on the
table.

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