To immunize donations made in the form of charitable gift annuities and charitable remainder trusts from the antitrust laws and State laws similar to the antitrust laws.
Charitable Donation Antitrust Immunity Act of 1997 - Amends the Charitable Gift Annuity Antitrust Relief Act of 1995 to make the antitrust laws and similar State laws inapplicable to charitable gift annuities or remainder trusts, except as provided under this Act.
Grants immunity from suits to persons subjected to legal proceedings for relief of any kind under Federal or State antitrust laws on account of being involved in the planning, issuance, or payment of such annuities or remainder trusts.
Presumes that annuities or trusts treated as charitable gift annuities or remainder trusts in filings with the Internal Revenue Service (IRS) or in written documents provided by or on behalf of the donee to the donor are charitable gift annuities or remainder trusts unless the IRS has made a final determination, for fraud or otherwise, that an annuity or trust did not qualify as such.
Makes immunity from antitrust laws under this Act inapplicable with respect to enforcement of a State law pertaining to such annuities or trusts created after the State enacts a statute, no later than December 8, 1998, that provides that such immunity is inapplicable.
Applies this Act retroactively to conduct occurring before, and administrative and judicial actions pending on, the enactment date.
Requires the Attorney General to carry out a study and report to the House and Senate Judiciary Committees on this Act's effect on markets for noncharitable annuities and charitable gift annuities and remainder trusts.
Read twice and referred to the Committee on Judiciary.
Ordered to be Reported by Voice Vote.
Reported by the Committee on Judiciary. H. Rept. 105-146.
Placed on the Union Calendar, Calendar No. 86.
Reported by the Committee on Judiciary. H. Rept. 105-146.
Mr. Hyde moved to suspend the rules and pass the bill.
Considered under suspension of the rules. (consideration: CR H4141-4142)
DEBATE - The House proceeded with forty minutes of debate.
Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.
On motion to suspend the rules and pass the bill Agreed to by voice vote.
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate, read twice.
Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.(consideration: CR S6287)
Enacted as Public Law 105-26
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Passed Senate without amendment by Unanimous Consent. (consideration: CR S6287)
Message on Senate action sent to the House.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 105-26.
Became Public Law No: 105-26.