In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stronger Tobacco Warning Labels to 
Save Lives Act''.

SEC. 2. AMENDMENT TO FEDERAL CIGARETTE AND LABELING ADVERTISING ACT.

    (a) Amendment.--The Federal Cigarette Labeling and Advertising Act 
(15 U.S.C. 1331 et seq.) is amended by striking section 4 and inserting 
the following:

``SEC. 4. LABELING.

    ``(a) Label.--
            ``(1) In general.--It shall be unlawful for any person to 
        manufacture, package, or import for sale or distribution within 
        the United States any cigarettes the package of which fails to 
        bear, in accordance with the requirements of this section, a 
        warning label.
            ``(2) Regulations.--Not later than 1 year after the date of 
        enactment of this section, the Secretary shall promulgate 
        regulations describing the warning label required by paragraph 
        (1).
            ``(3) Content of label.--The regulations promulgated under 
        paragraph (2) shall ensure that the text of each warning label 
        addresses one of the following:
                    ``(A) Diseases or fatal health conditions caused by 
                cigarette smoking.
                    ``(B) Any physical addiction that results from 
                cigarette smoking.
                    ``(C) The influence that cigarette smoking by 
                adults has on young children and teenagers and the 
                consequences of such use.
                    ``(D) The health hazards of secondhand smoke from 
                cigarettes.
            ``(4) Graphics.--
                    ``(A) In general.--The regulations promulgated 
                under paragraph (2) shall ensure that each warning 
                label contains a color graphic or picture that 
                illustrates or emphasizes to the greatest practicable 
                extent the message of the text of the corresponding 
                warning label.
                    ``(B) Contents.--The graphics described in 
                subparagraph (A) shall enhance the message of the text 
                of the warning label and may include a color picture of 
                one of the following:
                            ``(i) A diseased lung, heart, or mouth.
                            ``(ii) An individual suffering from 
                        addiction.
                            ``(iii) Children watching an adult smoke a 
                        cigarette.
                            ``(iv) An individual adversely affected by 
                        secondhand smoke from a cigarette, including 
                        pregnant women or infants.
    ``(b) Advertising.--It shall be unlawful for any manufacturer or 
importer of cigarettes to advertise or cause to be advertised within 
the United States any cigarette unless the advertising bears, in 
accordance with the requirements of this section, one of the warning 
label statements required by subsection (a).
    ``(c) Requirements for Labeling.--
            ``(1) Location.--Each label statement required by 
        subsection (a) shall be located on the upper portion of the 
        front and back panels of the cigarette package (or carton) and 
        occupy not less than 50 percent of each panel.
            ``(2) Type and color.--Each label statement required by 
        subsection (a) shall be printed in at least 17 point type with 
        adjustments as determined appropriate by the Secretary. All the 
        letters in the label shall appear in conspicuous and legible 
        type, in contrast by typography, layout, or color with all 
        other printed material on the package, and be printed in a 
        black-on-white or white-on-black format as determined 
        appropriate by the Secretary.
    ``(d) Requirements for Advertising.--
            ``(1) Location.--Each label statement required by 
        subsection (b) shall occupy not less than 50 percent of the 
        area of the advertisement involved.
            ``(2) Type and color.--
                    ``(A) Type.--Each label statement required by 
                subsection (b) shall be printed in a point type that is 
                not less than the following types:
                            ``(i) With respect to whole page 
                        advertisements on broadsheet newspaper--45 
                        point type.
                            ``(ii) With respect to half page 
                        advertisements on broadsheet newspaper--39 
                        point type.
                            ``(iii) With respect to whole page 
                        advertisements on tabloid newspaper--39 point 
                        type.
                            ``(iv) With respect to half page 
                        advertisements on tabloid newspaper--27 point 
                        type.
                            ``(v) With respect to DPS magazine 
                        advertisements--31.5 point type.
                            ``(vi) With respect to whole page magazine 
                        advertisements--31.5 point type.
                            ``(vii) With respect to 28cm x 3 column 
                        advertisements--22.5 point type.
                            ``(viii) With respect to 20cm x 2 column 
                        advertisements--15 point type.
                The Secretary may revise the required type sizes as the 
                Secretary determines appropriate within the 50 percent 
                requirement.
                    ``(B) Color.--All the letters in the label under 
                this paragraph shall appear in conspicuous and legible 
                type, in contrast by typography, layout, or color with 
                all other printed material and be printed in an 
                alternating black-on-white and white-on-black format as 
                determined appropriate by the Secretary.
    ``(e) Rotation of Label Statements.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        label statements specified in subsections (a) and (b) shall be 
        rotated by each manufacturer or importer of cigarettes 
        quarterly in alternating sequence on packages of each brand of 
        cigarettes manufactured by the manufacturer or importer and in 
        the advertisements for each such brand of cigarettes in 
        accordance with a plan submitted by the manufacturer or 
        importer and approved by the Federal Trade Commission. The 
        Federal Trade Commission shall approve a plan submitted by a 
        manufacturer or importer of cigarettes which will provide the 
        rotation required by this subsection and which assures that all 
        of the labels required by subsections (a) and (b) will be 
        displayed by the manufacturer or importer at the same time.
            ``(2) Application of other rotation requirements.--
                    ``(A) In general.--A manufacturer or importer of 
                cigarettes may apply to the Federal Trade Commission to 
                have the label rotation described in subparagraph (C) 
                apply with respect to a brand style of cigarettes 
                manufactured or imported by such manufacturer or 
                importer if--
                            ``(i) the number of cigarettes of such 
                        brand style sold in the fiscal year by the 
                        manufacturer or importer preceding the 
                        submission of the application is less than \1/
                        4\ of 1 percent of all the cigarettes sold in 
                        the United States in such year; and
                            ``(ii) more than \1/2\ of the cigarettes 
                        manufactured or imported by such manufacturer 
                        or importer for sale in the United States are 
                        packaged into brand styles which meet the 
                        requirements of clause (i).
                If an application is approved by the Commission, the 
                label rotation described in subparagraph (C) shall 
                apply with respect to the applicant during the 1-year 
                period beginning on the date of the application 
                approval.
                    ``(B) Plan.--An applicant under subparagraph (A) 
                shall include in its application a plan under which the 
                label statements specified in subsection (a) will be 
                rotated by the applicant manufacturer or importer in 
                accordance with the label rotation described in 
                subparagraph (C).
                    ``(C) Other rotation requirements.--Under the label 
                rotation which the manufacturer or importer with an 
                approved application may put into effect, each of the 
                labels specified in subsection (a) shall appear on the 
                packages of each brand style of cigarettes with respect 
                to which the application was approved an equal number 
                of times within the 12-month period beginning on the 
                date of the approval by the Commission of the 
                application.
    ``(f) Application of Requirement.--Subsection (a) does not apply to 
a distributor or a retailer of cigarettes who does not manufacture, 
package, or import cigarettes for sale or distribution within the 
United States.
    ``(g) Cigars; Pipe Tobacco.--
            ``(1) In general.--The Secretary shall promulgate such 
        regulations as may be necessary to establish warning labels for 
        cigars and pipe tobacco. Such regulations shall require 
        content-specific messages regarding health hazards posed by 
        cigars and pipe tobacco, include graphic illustrations of such 
        content messages, as is required under subsection (a), and be 
        formatted in a clear and unambiguous manner, as is required 
        under subsection (a).
            ``(2) Definitions.--In this subsection:
                    ``(A) Cigar.--The term `cigar' means any roll of 
                tobacco wrapped in leaf tobacco or in any substance 
                containing tobacco (other than any roll of tobacco that 
                is a cigarette or cigarillo).
                    ``(B) Pipe tobacco.--The term `pipe tobacco' means 
                any loose tobacco that, because of the appearance, 
                type, packaging or labeling of such tobacco, is likely 
                to be offered to, or purchased by, consumers as a 
                tobacco to be smoked in a pipe.''.
    (b) Effective Date.--The amendment made by this section shall take 
effect 1 year after the date of enactment of this section.

SEC. 3. AMENDMENT TO THE COMPREHENSIVE SMOKELESS TOBACCO HEALTH 
              EDUCATION ACT OF 1986.

    (a) Amendment.--The Comprehensive Smokeless Tobacco Health 
Education Act of 1986 (15 U.S.C. 4401 et seq.) is amended by striking 
section 3 and inserting the following:

``SEC. 3. SMOKELESS TOBACCO WARNING.

    ``(a) General Rule.--
            ``(1) Label on package.--It shall be unlawful for any 
        person to manufacture, package, or import for sale or 
        distribution within the United States any smokeless tobacco 
        product unless the product package bears, in accordance with 
        the requirements of this section, a warning label.
            ``(2) Label in advertisements.--It shall be unlawful for 
        any manufacturer, packager, or importer of smokeless tobacco 
        products to advertise or cause to be advertised within the 
        United States any smokeless tobacco product unless the 
        advertising bears, in accordance with the requirements of this 
        Act, one of the labels required by paragraph (1).
    ``(b) Regulations.--Not later than 1 year after the date of 
enactment of this section, the Secretary shall promulgate regulations 
describing the warning labels required under subsection (a).
    ``(c) Content of Label.--The regulations promulgated under 
subsection (b) shall ensure that the text of each warning label 
addresses one of the following:
            ``(1) Diseases resulting from use of smokeless tobacco 
        products.
            ``(2) Any physical addiction that results from using 
        smokeless tobacco products.
            ``(3) The influence that use of smokeless tobacco products 
        by adults has on young children and teenagers and the 
        consequences of such use.
    ``(d) Number of Labels.--The regulations promulgated under 
subsection (b) shall ensure that not less than 2 warning labels are 
created for each subject matter described in paragraphs (1), (2), and 
(3) of subsection (c). Such regulations shall also require that each 
package of smokeless tobacco bear 1 warning label that shall be rotated 
in accordance with subsection (g).
    ``(e) Graphics.--
            ``(1) In general.--The regulations promulgated under 
        subsection (b) shall ensure that each warning label required by 
        subsection (a) contains a color graphic or picture that 
        illustrates or emphasizes to the greatest practicable extent 
        the message of the text of the corresponding warning label.
            ``(2) Contents.--The graphics described in paragraph (1) 
        shall enhance the message of the text of the warning label and 
        may include a color picture of one of the following:
                    ``(A) A diseased mouth or other physical effect of 
                using smokeless tobacco products.
                    ``(B) An individual using a smokeless tobacco 
                product.
                    ``(C) Children watching an adult use a smokeless 
                tobacco product.
    ``(f) Format.--
            ``(1) Location.--Each label statement required by 
        subsection (a)(1) shall be located on the principal display 
        panel of the product and occupy not less than 50 percent of 
        such panel.
            ``(2) Type and color.--Each label statement required by 
        subsection (a)(1) shall be printed in 17 point type with 
        adjustments as determined appropriate by the Secretary to 
        reflect the length of the required statement. All the letters 
        in the label shall appear in conspicuous and legible type in 
        contrast by typography, layout, or color with all other printed 
        material on the package and be printed in an alternating black 
        on white and white on black format as determined appropriate by 
        the Secretary.
    ``(g) Advertising and Rotation.--The provisions of sections (d) and 
(e)(1) of the Federal Cigarette Labeling and Advertising Act (as 
amended by the Stronger Tobacco Warning Labels to Save Lives Act) shall 
apply to advertisements for smokeless tobacco products required under 
subsection (a)(2) and the rotation of the label statements required 
under subsection (a)(1) on such products.
    ``(h) Application of Requirement.--Subsection (a) does not apply to 
a distributor or a retailer of smokeless tobacco products who does not 
manufacture, package, or import such products for sale or distribution 
within the United States.
    ``(i) Television and Radio Advertising.--It shall be unlawful to 
advertise smokeless tobacco or cigars on any medium of electronic 
communications subject to the jurisdiction of the Federal 
Communications Commission.''.
    (b) Effective Date.--The amendment made by this section shall take 
effect 1 year after the date of enactment of this section.
[A]: Stronger Tobacco Warning Labels to Save Lives Act - Amends the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986 to make it unlawful for any person to manufacture, package, or import for sale or distribution within the United States any cigarettes or smokeless tobacco products unless the product package bears, in accordance with the specified requirements of this Act, a warning label on the upper portion of the front and back panels of the cigarette package or carton. Specifies label requirements for advertisements. Requires the rotation of labels for both packages and advertisements in accordance with a Federal Trade Commission approved plan.


[Q]: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Charitable Giving 
Protection Act of 1995''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
               TITLE I--AMENDMENTS TO THE SECURITIES LAWS

Sec. 101. Amendment to the Investment Company Act of 1940.
Sec. 102. Amendment to the Securities Act of 1933.
Sec. 103. Amendments to the Securities Exchange Act of 1934.
Sec. 104. Amendment of the Investment Advisers Act of 1940.
Sec. 105. Effective dates and applicability.
               TITLE II--CLARIFICATION OF ANTITRUST LAWS

Sec. 201. Exemption from antitrust laws.
Sec. 202. Effective date and applicability.
SEC. 2. FINDINGS.

    The Congress finds that--
            (1) charities have served a unique and essential role in 
        meeting the needs of the American people;
            (2) charities have healed the sick, fed the hungry, 
        sheltered the needy, and educated our children;
            (3) in order to ensure that charities can continue to meet 
        the needs of the American people, the Federal Government should 
        do everything possible to encourage charitable giving;
            (4) charities should be able to raise funds and invest 
        funds, both on their own and collectively with other charities, 
        without excessive Government intervention or unnecessary legal 
        or regulatory requirements;
            (5) the Congress, in passing the Technical Corrections Act 
        of 1988, differentiated between charitable gift annuities and 
        annuities issued by commercial organizations for profit; and
            (6) unlike commercial annuities, charitable gift annuities 
        are not issued for profit, and their issuance, maintenance, and 
        investment by charities is not subject to the anticompetitive 
        prohibitions of the Federal antitrust laws.

               TITLE I--AMENDMENTS TO THE SECURITIES LAWS

SEC. 101. AMENDMENT TO THE INVESTMENT COMPANY ACT OF 1940.

    Section 3(c) of the Investment Company Act of 1940 (15 U.S.C. 80a-
3(c)) is amended by inserting after paragraph (6) the following new 
paragraph:
            ``(7)(A) Subject to subparagraph (B), a pooled income fund, 
        or any collective trust fund, collective investment fund, or 
        similar fund maintained by a charitable organization 
        exclusively for the collective investment and reinvestment of--
                    ``(i) the general endowment fund or other funds of 
                one or more charitable organizations;
                    ``(ii) assets of a pooled income fund;
                    ``(iii) assets contributed to a charitable 
                organization in exchange for the issuance of charitable 
                gift annuities;
                    ``(iv) assets of a charitable remainder trust or of 
                any other trust, the remainder interests of which are 
                irrevocably dedicated to any charitable organization;
                    ``(v) assets of a charitable lead trust; or
                    ``(vi) assets of a trust not described in clauses 
                (i) through (v), the remainder interests of which are 
                revocably dedicated to a charitable organization.
            ``(B) A fund described in subparagraph (A), and any 
        charitable organization that maintains such a fund, shall be 
        excluded from treatment as an investment company in accordance 
        with this subsection only if--
                    ``(i) each contributor to a pooled income fund and 
                each settlor of a trust described in clause (iv), (v), 
                or (vi) of subparagraph (A) is provided with written 
                information describing the material terms of the 
                instruments governing the operation of the pooled 
                income fund, in the case of a contributor to such fund, 
                or of the fund in which any assets of such pooled 
                income fund or such a trust are invested, by the later 
                of June 30, 1996, or the date of investment in such 
                fund; and
                    ``(ii) each person soliciting gifts, as described 
                in subparagraph (A), that will be administered in any 
                collective trust fund, collective investment fund, or 
                similar fund maintained by a charitable organization is 
                either a volunteer or is employed in the overall 
                fundraising activities of a charitable organization and 
                receives no commissions or other special compensation 
                based on the amount of gifts transferred to such fund.
            ``(C) The exemption provided by subparagraph (A)(vi) shall 
        terminate on December 31, 1998.
            ``(D) For purposes of this paragraph--
                    ``(i) a trust or fund is `maintained' by a 
                charitable organization that serves as a trustee or 
                administrator of the trust or fund or that has the 
                power to remove the trustees or administrators of the 
                trust or fund and to designate new trustees or 
                administrators;
                    ``(ii) the term `pooled income fund' has the same 
                meaning as in section 642(c)(5) of the Internal Revenue 
                Code of 1986;
                    ``(iii) the term `charitable organization' means an 
                organization described in paragraphs (1) through (5) of 
                section 170(c) or section 501(c)(3) of the Internal 
                Revenue Code of 1986;
                    ``(iv) the term `charitable lead trust' means a 
                trust described in section 170(f)(2)(B), 2055(e)(2)(B), 
                or 2522(c)(2)(B) of the Internal Revenue Code of 1986;
                    ``(v) the term `charitable remainder trust' means a 
                charitable remainder annuity trust or a charitable 
                remainder unitrust, as those terms are defined in 
                section 664(d) of the Internal Revenue Code of 1986; 
                and
                    ``(vi) the term `charitable gift annuity' means an 
                annuity issued by a charitable organization that is 
                described in section 501(m)(5) of the Internal Revenue 
                Code of 1986.''.

SEC. 102. AMENDMENT TO THE SECURITIES ACT OF 1933.

    Section 3(a) of the Securities Act of 1933 (15 U.S.C. 77c(a)) is 
amended by adding at the end the following new paragraph:
            ``(13) Any security issued by or any interest or 
        participation in any pooled income fund, collective trust fund, 
        collective investment fund, or similar fund that is deemed not 
        to be an investment company under section 3(c)(7) of the 
        Investment Company Act of 1940.''.
SEC. 103. AMENDMENTS TO THE SECURITIES EXCHANGE ACT OF 1934.

    (a) Exempted Securities.--Section 3(a)(12)(A) of the Securities 
Exchange Act of 1934 (15 U.S.C. 78c(a)(12)(A)) is amended--
            (1) in clause (iv) by striking ``and'' at the end;
            (2) by redesignating clause (v) as clause (vi); and
            (3) by inserting after clause (iv) the following new 
        clause:
                            ``(v) any security issued by or any 
                        interest or participation in any pooled income 
                        fund, collective trust fund, collective 
                        investment fund, or similar fund that is deemed 
                        not to be an investment company under section 
                        3(c)(7) of the Investment Company Act of 1940; 
                        and''.
    (b) Exemption From Broker-Dealer Provisions.--Section 3(a) of the 
Securities Exchange Act of 1934 (15 U.S.C. 78c(c)) is amended by adding 
at the end the following new paragraph:
            ``(54) Charitable organizations.--Notwithstanding any other 
        provision of this title, a charitable organization, as defined 
        in section 3(c)(7) of the Investment Company Act of 1940, or 
        any trust- 
        ee, director, officer, employee, or volunteer of such a 
        charitable organization acting within the scope of such 
        person's employment or duties, shall not be deemed to be a 
        `broker', `dealer', `municipal securities broker', `municipal 
        securities dealer', `government securities broker', or 
        `government securities dealer' for purposes of this title 
        solely because such organization or person buys, holds, sells, 
        or trades in securities for its own account in its capacity as 
        trustee or administrator of, or otherwise on behalf of or for 
        the account of--
                    ``(A) such a charitable organization;
                    ``(B) a fund that is exempt from the provisions of 
                the Investment Company Act of 1940 under section 
                3(c)(7) of that Act; or
                    ``(C) a trust or other donative instrument, the 
                assets of which may be contributed to or invested in 
                such funds in accordance with section 3(c)(7) of the 
                Investment Company Act of 1940, or the settlors (or 
                potential settlors) or beneficiaries of any such trust 
                or other instrument.''.

SEC. 104. AMENDMENT OF THE INVESTMENT ADVISERS ACT OF 1940.

    Section 202(a)(11) of the Investment Advisers Act of 1940 (15 
U.S.C. 80b-2(a)(11)) is amended--
            (1) by striking ``does not include (A) a bank'' and 
        inserting ``does not include--
                    ``(A) a bank'';
            (2) by striking ``(B) any lawyer'' and inserting the 
        following:
                    ``(B) any lawyer'';
            (3) by striking ``(C) any broker'' and inserting the 
        following:
                    ``(C) any broker'';
            (4) by striking ``(D) the publisher'' and inserting the 
        following:
                    ``(D) the publisher'';
            (5) by striking ``(E) any person'' and inserting the 
        following:
                    ``(E) any person'';
            (6) by striking ``or (F) such other'' and inserting the 
        following:
                    ``(G) such other''; and
            (7) by inserting after subparagraph (E) the following new 
        subparagraph:
                    ``(F) any charitable organization, as defined in 
                section 3(c)(7) of the Investment Company Act of 1940, 
                or any trustee, director, officer, employee, or 
                volunteer of such a charitable organization acting 
                within the scope of the employment or duties of such 
                person, whose advice, analyses, or reports are provided 
                only to--
                            ``(i) any such charitable organization;
                            ``(ii) a fund that is exempt from the 
                        Investment Company Act of 1940 under section 
                        3(c)(7) of that Act, or the trustees or 
                        administrators of such fund; or
                            ``(iii) a trust or other donative 
                        instrument, the assets of which may be 
                        contributed to or invested in such fund in 
                        accordance with section 3(c)(7) of the 
                        Investment Company Act of 1940, or the 
                        trustees, administrators, settlors (or 
                        potential settlors), or beneficiaries of any 
                        such trust or other instrument; or''.

SEC. 105. EFFECTIVE DATES AND APPLICABILITY.

    This title and the amendments made by this title shall apply in all 
administrative and judicial actions pending on or commenced after the 
date of enactment of this Act, as a defense to any claim that any 
person, security, interest, or participation of the type described in 
this title and the amendments made by this title is subject to the
 provisions of the Securities Act of 1933, the Securities Exchange Act 
of 1934, the Investment Company Act of 1940, or the Investment Advisers 
Act of 1940, except as otherwise specifically provided in those Acts.

SEC. 106. PREEMPTION OF STATE LAW.

    (a) Registration Requirements.--A security issued by or any 
interest or participation in any pooled income fund, collective trust 
fund, collective investment fund, or similar fund that is exempt from 
the Investment Company Act of 1940 under section 3(c)(7) of that Act, 
and the offer or sale thereof, shall be exempt from any law of a State 
that requires registration or qualification of securities.
    (b) Treatment of Charitable Organizations.--No charitable 
organization, or any trustee, director, officer, employee, or volunteer 
of a charitable organization acting within the scope of such person's 
employment or duties, shall be required to register as, or be subject 
to regulation as, a dealer, broker, agent, or investment adviser under 
the laws of any State solely because such organization or person buys, 
holds, sells, or trades in securities for its own account in its 
capacity as trustee or administrator of, or otherwise on behalf of or 
for the account of--
            (1) a charitable organization;
            (2) a fund that is exempt from the Investment Company Act 
        of 1940 under section 3(c)(7) of that Act; or
            (3) a trust or other donative instrument, the assets of 
        which may be contributed to or invested in such funds in 
        accordance with section 3(c)(7) of the Investment Company Act 
        of 1940, or the settlors (or potential settlors) or 
        beneficiaries of any such trusts or other instruments.
    (c) State Action.--Notwithstanding subsections (a) and (b), during 
the 3-year period beginning on the date of enactment of this Act, a 
State may enact a statute that specifically refers to this section and 
provides prospectively that this section shall not preempt the laws of 
that State referred to in this section.
    (d) Definitions.--For purposes of this section--
            (1) the term ``charitable organization'' means an 
        organization described in paragraphs (1) through (5) of section 
        170(c) or section 501(c)(3) of the Internal Revenue Code of 
        1986;
            (2) the term ``security'' has the same meaning as in 
        section 3 of the Securities Exchange Act of 1934; and
            (3) the term ``State'' means each of the several States of 
        the United States, the District of Columbia, the Commonwealth 
        of Puerto Rico, the Virgin Islands, Guam, American Samoa, and 
        the Commonwealth of the Northern Mariana Islands.

               TITLE II--CLARIFICATION OF ANTITRUST LAWS

SEC. 201. EXEMPTION FROM ANTITRUST LAWS.

    (a) In General.--The activities of a charitable organization 
relating to the issuance, maintenance, or investment of a charitable 
gift annuity are exempt from the application of the antitrust laws.
    (b) Definitions.--For purposes of this section--
            (1) the term ``antitrust laws'' means--
                    (A) the Sherman Act (15 U.S.C. 1 et seq.);
                    (B) the Clayton Act (15 U.S.C. 12 et seq.);
                    (C) the Federal Trade Commission Act (15 U.S.C. 41 
                et seq.); and
                    (D) any State law that is similar to the Acts 
                referred to in subparagraphs (A) through (C).
            (2) the term ``charitable organization'' means an 
        organization described in paragraphs (1) through (5) of section 
        170(c) or section 501(c)(3) of the Internal Revenue Code of 
        1986;
            (3) the term ``charitable gift annuity'' means an annuity 
        issued by a charitable organization that is described in 
        section 501(m)(5) of the Internal Revenue Code of 1986; and
            (4) the term ``State'' means each of the several States of 
        the United States, the District of Columbia, the Commonwealth 
        of Puerto Rico, the Virgin Islands, Guam, American Samoa, and 
        the Commonwealth of the Northern Mariana Islands.
    (c) State Action.--Notwithstanding subsections (a) and (b), during 
the 3-year period beginning on the date of enactment of this Act, a 
State may enact a statute that specifically refers to this section and 
provides prospectively that this section shall not preempt the laws of 
that State referred to in this section.

SEC. 202. EFFECTIVE DATE AND APPLICABILITY.

    The exemption provided for in section 201 shall apply in any 
judicial or administrative action pending on or commenced after the 
date of enactment of this Act and shall serve as a defense to any claim 
that the sale or issuance of a charitable gift annuity is subject to 
any provision of antitrust laws.
[A]: TABLE OF CONTENTS: 
     Title I:  Amendments to the Securities Laws 
     Title II:  Clarification of Antitrust Laws 
Charitable Giving Protection Act of 1995 - 
Title I:  Amendments to the Securities Laws
 - Exempts from the jurisdiction of the Investment Company Act of 1940, the Securities Act of 1933, the Securities Exchange Act of 1934, and the Investment Advisers Act of 1940 any security issued by or any interest or participation in any pooled income fund, collective trust fund, collective investment fund, or similar fund deemed not to be an investment company under the Investment Company Act of 1940 (charitable gift annuities). 
Preempts State law to extend the charitable gift annuities exemption from its jurisdiction over:  (1) securities registration or qualification requirements; and (2) any charitable organization regulation. 
Permits a State to enact a statute that specifically refers to this Act and provides prospectively that it does not preempt its laws. 
Title II:  Clarification of Antitrust Laws
 - Exempts charitable gift annuities from application of the antitrust laws.


[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Family Farm Relief Act of 2013''.

SEC. 2. SECRETARY OF AGRICULTURE TO ADMINISTER H-2A PROGRAM.

    (a) In General.--Section 218 of the Immigration and Nationality Act 
(8 U.S.C. 1188) is amended by striking the term ``Secretary of Labor'' 
each place it appears and inserting ``Secretary of Agriculture''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date that is 1 year after the date of enactment of 
this Act.

SEC. 3. ELECTRONIC FILING SYSTEM FOR H-2A PETITIONS.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Agriculture shall establish a process for receiving 
petitions for nonimmigrant visas under section 101(a)(15)(H)(ii)(a) of 
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)). 
In establishing such process, the Secretary shall ensure--
            (1) that petitioners may file such petitions over the 
        Internet on an Internet Web page of the Secretary;
            (2) that any software developed to process such petitions 
        on such Internet Web page shall indicate to the petitioner any 
        technical deficiency in the application prior to submission; 
        and
            (3) that each petitioner shall be able to file such 
        petition in a paper format.

SEC. 4. REPEAL OF 50-PERCENT DOMESTIC WORKFORCE REQUIREMENT.

    Subparagraph (B) of section 218(c)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1188(c)(3)) is repealed, and any rule made by 
the Secretary of Labor or the Secretary of Homeland Security to carry 
out such subparagraph may not continue in effect.

SEC. 5. PREVAILING PRACTICES SURVEY.

    In the case of an employer petitioning under section 218 of the 
Immigration and Nationality Act (8 U.S.C. 1188), the submission of a 
prevailing practice survey regarding employment practices shall not be 
required.

SEC. 6. ALTERATION OF REGION OF REFERENCE.

    Section 218(b)(3) of the Immigration and Nationality Act (8 U.S.C. 
1188(b)(3)) is amended by striking ``within a multi-state region of 
traditional or expected labor supply'' and inserting ``within an area 
of 150 square miles in the United States centered around the place of 
employment''.

SEC. 7. PROHIBITION AND REPEAL OF CERTAIN RULES.

    (a) Rules Regarding Recruitment and Referral Requirement.--The 
Secretary of Agriculture may not make any rule for purposes of carrying 
out section 218(b)(3) of the Immigration and Nationality Act that--
            (1) requires that an employer advertise an offer of 
        employment--
                    (A) on a particular date; or
                    (B) in a particular publication;
            (2) requires that an employer contact workers who the 
        employer employed in the prior year or growing season; or
            (3) requires that an employer submit a recruitment report.
    (b) Prohibition on Requirement of Certification by Employers.--
            (1) In general.--The Secretary of Agriculture or the 
        Secretary of Homeland Security may not make any rule pertaining 
        to a petition under section 101(a)(15)(H)(ii)(a) of the 
        Immigration and Nationality Act, that requires an employer to 
        provide a certification of--
                    (A) recruitment advertisements; or
                    (B) recruitment reports.
            (2) Rule of construction.--Nothing in this section shall be 
        construed as limiting the authority of the Secretary to require 
        an attestation regarding such matters from any such employer.
    (c) Repeal of Existing Rules.--Any rule that is described in 
subsection (a) that is currently in effect may not continue in effect 
beginning on the date that is 60 days after the date of enactment of 
this Act.

SEC. 8. INCLUSION OF CERTAIN YEAR-ROUND LIVESTOCK WORKERS.

    (a) In General.--Section 101(a)(15)(H)(ii)(a) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) is amended by 
inserting ``, labor as a year-round livestock worker (including as a 
dairy worker)'' before ``, and the pressing of apples for cider''.
    (b) Length of Stay for Year-Round Livestock Workers.--Section 218 
of the Immigration and Nationality Act (8 U.S.C. 1188), as amended by 
this Act, is further amended by adding at the end the following:
    ``(j) Special Rule for Year-Round Livestock Workers.--
Notwithstanding any other provision of this section, an H-2A worker who 
is admitted for purposes of performing labor as a year-round livestock 
worker (including as a dairy worker) may be admitted for a period of 
not more than 12 months. At the end of that period, the Secretary of 
Homeland Security may not approve a petition to import that alien as an 
H-2A worker for a period of 3 months. Such a petition may be filed 
pertaining to that alien any number of times. Such petition may not be 
filed by any person who, at the time of filing, is an alien who is 
unlawfully present in the United States.''.

SEC. 9. REPLACEMENT OF WORKERS AND EXPEDITED ADMINISTRATIVE APPEALS.

    Section 218 of the Immigration and Nationality Act (8 U.S.C. 1188), 
as amended by this Act, is further amended by adding at the end the 
following:
    ``(k) Replacement of Workers.--On receiving notice that an H-2A 
worker recruited or hired by an employer has prematurely abandoned 
employment or has failed to appear for employment, the Secretary of 
State shall promptly issue a visa under section 101(a)(15)(H)(ii)(a) to 
an eligible alien designated by the employer to replace that worker and 
the Secretary of Homeland Security shall expeditiously admit such alien 
into the United States.''.

SEC. 10. AGRICULTURAL ASSOCIATIONS AND POOLING OF WORKERS.

    Section 218(d) of the Immigration and Nationality Act (8 U.S.C. 
1188(d)) is amended to read as follows:
    ``(d) Role of Agricultural Associations.--
            ``(1) Filing by agricultural association permitted.--An 
        application to hire an H-2A worker may be filed by an 
        association of agricultural employers which use agricultural 
        labor.
            ``(2) Treatment of associations acting as employers.--If an 
        association is a joint or sole employer of H-2A workers, such 
        H-2A workers may be transferred among its members to perform 
        agricultural labor of the same nature for which the application 
        was approved.
            ``(3) Treatment of violations.--
                    ``(A) Individual members.--If an individual member 
                of a joint employer association violates any condition 
                for approval with respect to the member's application, 
                the Secretary of Agriculture shall deny such 
                application only with respect to that member of the 
                association unless the Secretary determines that the 
                association or other member participated in, had 
                knowledge of, or had reason to know of the violation.
                    ``(B) Association of agricultural employers.--
                            ``(i) Joint employer.--If an association 
                        representing agricultural employers as a joint 
                        employer violates any condition for approval 
                        with respect to the association's application, 
                        the Secretary of Agriculture shall deny such 
                        application only with respect to the 
                        association and may not apply the denial to any 
                        individual member of the association, unless 
                        the Secretary determines that the member 
                        participated in, had knowledge of, or had 
                        reason to know of the violation.
                            ``(ii) Sole employer.--If an association of 
                        agricultural employers approved as a sole 
                        employer violates any condition for approval 
                        with respect to the association's application, 
                        no individual member of the association may be 
                        the beneficiary of the services of H-2A workers 
                        admitted under this section in the occupation 
                        in which such H-2A workers were employed by the 
                        association which was denied approval during 
                        the period such denial is in force.''.

SEC. 11. AGENCY REPORT REQUIRED WHEN DELAYS OCCUR.

    Section 218(c) of the Immigration and Nationality Act (8 U.S.C (c)) 
is amended by adding at the end the following:
            ``(5) Agency report required when delays occur.--A report 
        shall be submitted to the Committee on Agriculture of the 
        Senate and the Committee on Agriculture of the House of 
        Representatives for any month in which the average reponse time 
        under paragraph (2) to a filing is greater than 7 days. The 
        report shall be submitted not later than the last day of the 
        month that immediately follows the month in which such average 
        response time limit was exceeded.''.

SEC. 12. GAO REPORT.

    Not later than 90 days after the date of enactment of this Act, the 
Comptroller General shall submit to Congress a report on a study--
            (1) evaluating the effects of introducing biometric 
        identification cards to H-2A workers;
            (2) whether the usage of such identification cards would 
        promote efforts to efficiently enforce the immigration laws and 
        streamline the visa application and admission process for H-2A 
        workers; and
            (3) examining any delay in the processing of applications 
        and petitions under the H-2A program and in the administration 
        of the program.
[A]:
 Family Farm Relief Act of 2013 - Directs the Secretary of Agriculture (USDA) to establish a process for receiving H-2A nonimmigrant visas (temporary agricultural workers) which shall ensure that that petitioners may file such petitions over the Internet or in paper form. (Transfers administration of the H-2A program from the Department of Labor to USDA.) Includes year-round livestock workers, including dairy workers, in the H-2A category with a maximum 12-month period of admissions which may be renewed three months after the end of each such period. Revises H-2A certification provisions.