[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2525 Reported in House (RH)]
Union Calendar No. 180
104th CONGRESS
1st Session
H. R. 2525
[Report No. 104-336]
To modify the operation of the antitrust laws, and of State laws
similar to the antitrust laws, with respect to charitable gift
annuities.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 24, 1995
Mr. Hyde (for himself, Mr. Conyers, Mr. Sensenbrenner, Mr. McCollum,
Mr. Gekas, Mr. Smith of Texas, Mr. Schiff, Mr. Canady of Florida, Mr.
Inglis of South Carolina, Mr. Goodlatte, Mr. Bono, Mr. Bryant of
Tennessee, Mr. Chabot, Mr. Bryant of Texas, and Mr. Ramstad) introduced
the following bill; which was referred to the Committee on the
Judiciary
November 14, 1995
Additional sponsors: Mr. Hutchinson, Mr. Serrano, Mr. Weller, Mr.
Flanagan, Mr. Ehlers, Mr. Brewster, Mr. Stump, Mr. McDermott, Mr.
Hastert, Ms. Woolsey, Mr. Quillen, Mr. Emerson, Mr. Lewis of
California, Mr. Rahall, Mr. Cramer, Mr. Goodling, Mr. Browder, Mr.
Coble, Ms. Dunn of Washington, Mr. Funderburk, Mr. Waxman, Mr. Frost,
Mr. Tanner, and Mr. Fawell
November 14, 1995
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
_______________________________________________________________________
A BILL
To modify the operation of the antitrust laws, and of State laws
similar to the antitrust laws, with respect to charitable gift
annuities.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Charitable Gift Annuity Antitrust
Relief Act of 1995''.
SEC. 2. MODIFICATION OF ANTITRUST LAWS.
(a) Exempt Conduct.--Except as provided in subsection (b), it shall
not be unlawful under any of the antitrust laws, or under a State law
similar to any of the antitrust laws, for 2 or more persons described
in section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.
501(c)(3)) that are exempt from taxation under section 501(a) of such
Code to use, or to agree to use, the same annuity rate for the purpose
of issuing 1 or more charitable gift annuities.
(b) Limitation.--Subsection (a) shall not apply with respect to the
enforcement of a State law similar to any of the antitrust laws, with
respect to conduct described in subsection (a) occurring after the
State enacts a statute, not later than 3 years after the date of the
enactment of this Act, that expressly provides that subsection (a)
shall not apply with respect to such conduct.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) Annuity rate.--The term ``annuity rate'' means the
percentage of the fair market value of a gift (determined as of
the date of the gift) given in exchange for a charitable gift
annuity, that represents the amount of the annual payment to be
made to 1 or 2 annuitants over the life of either or both under
the terms of the agreement to give such gift in exchange for
such annuity.
(2) Antitrust laws.--The term ``antitrust laws'' has the
meaning given it in subsection (a) of the first section of the
Clayton Act (15 U.S.C. 12), except that such term includes
section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to
the extent that such section 5 applies to unfair methods of
competition.
(3) Charitable gift annuity.--The term ``charitable gift
annuity'' has the meaning given it in section 501(m)(5) of the
Internal Revenue Code of 1986 (26 U.S.C. 501(m)(5)).
(4) Person.--The term ``person'' has the meaning given it
in subsection (a) of the first section of the Clayton Act (15
U.S.C. 12(a)).
(5) State.--The term ``State'' has the meaning given it in
section 4G(2) of the Clayton Act (15 U.S.C. 15g(2)).
SEC. 4. APPLICATION OF ACT.
This Act shall apply with respect to conduct occurring before, on,
or after the date of the enactment of this Act.
Union Calendar No. 180
104th CONGRESS
1st Session
H. R. 2525
[Report No. 104-336]
_______________________________________________________________________
A BILL
To modify the operation of the antitrust laws, and of State laws
similar to the antitrust laws, with respect to charitable gift
annuities.
_______________________________________________________________________
November 14, 1995
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed