[104th Congress Public Law 63]
[From the U.S. Government Printing Office]
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[DOCID: f:publ63.104]
[[Page 109 STAT. 687]]
Public Law 104-63
104th Congress
An Act
To modify the operation of the antitrust laws, and of State laws similar
to the antitrust laws, with respect to charitable gift
annuities. <<NOTE: Dec. 8, 1995 - [H.R. 2525]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Charitable Gift
Annuity Antitrust Relief Act of 1995.>>
SECTION 1. <<NOTE: 15 USC 1 note.>> SHORT TITLE.
This Act may be cited as the ``Charitable Gift Annuity Antitrust
Relief Act of 1995''.
SEC. 2. <<NOTE: 15 USC 37.>> 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. <<NOTE: 15 USC 37a.>> 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)).
[[Page 109 STAT. 688]]
(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. <<NOTE: 15 USC 37 note.>> APPLICATION OF ACT.
This Act shall apply with respect to conduct occurring before, on,
or after the date of the enactment of this Act.
Approved December 8, 1995.
LEGISLATIVE HISTORY--H.R. 2525:
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HOUSE REPORTS: No. 104-336 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 141 (1995):
Nov. 28, considered and passed House.
Nov. 29, considered and passed Senate.
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