[105th Congress Public Law 223]
[From the U.S. Government Printing Office]
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[DOCID: f:publ223.105]
[[Page 111 STAT. 1250]]
Public Law 105-223
105th Congress
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. <<NOTE: Aug.
7, 1998 - [H.R. 4354]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. <<NOTE: 40 USC 207c.>> 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. <<NOTE: 40 USC 207C-1.>> 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. <<NOTE: 40 USC 207-2.>> 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. <<NOTE: Regulations. 40
USC 207c-3.>>
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
[[Page 111 STAT. 1251]]
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.
Approved August 7, 1998.
LEGISLATIVE HISTORY--H.R. 4354:
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CONGRESSIONAL RECORD, Vol. 144 (1998):
July 31, considered and passed House and Senate.
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