[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9488 Engrossed in House (EH)]
<DOC>
118th CONGRESS
2d Session
H. R. 9488
_______________________________________________________________________
AN ACT
To amend the Federal Election Campaign Act of 1971 to require the
disclosure of the card verification value as a condition of the
acceptance of online contributions made through the use of credit or
debit cards in elections for Federal office and to prohibit the
acceptance of contributions made through the use of gift cards in such
elections, and for other purposes.
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 ``Secure Handling of Internet
Electronic Donations Act'' or the ``SHIELD Act''.
SEC. 2. REQUIRING DISCLOSURE OF CARD VERIFICATION VALUE AS CONDITION OF
ACCEPTANCE OF ONLINE CONTRIBUTIONS MADE USING CREDIT OR
DEBIT CARDS IN FEDERAL ELECTIONS.
Section 302 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30102) is amended by adding at the end the following:
``(j)(1) No political committee shall accept any Internet credit or
debit card contribution unless--
``(A) the individual or entity making such contribution is
required, at the time such individual makes such contribution,
to disclose the card verification value of such credit or debit
card; and
``(B)(i) the mailing address of the individual or entity is
located in the United States; or
``(ii) in the case of a contribution made by an individual
whose mailing address is located outside of the United States,
the individual provides the committee with the applicable
information described in paragraph (2).
``(2) The applicable information described in this paragraph is as
follows:
``(A) In the case of an individual who is a citizen or
national of the United States--
``(i) the United States mailing address the
individual uses for voter registration purposes;
``(ii) a copy of the individual's United States
passport; or
``(iii) a copy of a comparable acceptable
identification document, or the unique identifying
number from such a document, for the individual.
``(B) In the case of a contribution made by an individual
who is lawfully admitted for permanent residence, as defined by
section 101(a)(20) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(20)--
``(i) a copy of the individual's permanent resident
card; or
``(ii) or a copy of a comparable acceptable
identification document issued by the Department of
Homeland Security.
``(3) A political committee that accepts any Internet credit or
debit card contribution as a recurring contribution shall require the
individual or entity making such contribution to comply with the
requirements of this subsection for the first such contribution, but
shall not require the individual or entity to provide the information
identified in paragraphs (1) and (2) for subsequent recurring
contributions made using the same credit or debit card as the initial
contribution.
``(4) A political committee that stores or saves, or arranges to
store or save, any credit or debit card information shall require the
individual or entity making such contribution to comply with the
requirements of this subsection for the first such contribution or at
the time of storing or saving such information, but shall not require
the individual or entity to provide the information identified in
paragraphs (1) and (2) for subsequent contributions made using the same
credit or debit card as the initial contribution.
``(5) An Internet credit or debit card contribution received by a
political committee made through the use of a digital wallet shall be
treated as complying with the requirements of this subsection.
``(6) Notwithstanding subsection (b) or (c), in the case of an
Internet credit or debit card contribution--
``(A) no later than 10 days after receiving the
contribution, the person who receives the contribution shall
forward to the treasurer such contribution, the name and
address of the person making the contribution, and the date of
receipt; and
``(B) the treasurer of a political committee shall keep an
account of the name and address of any person making any such
contribution, together with the date and amount of such
contribution by any person consistent with applicable
regulations of the Commission, including regulations relating
to the period for which contribution records must be preserved
and the anonymity of certain contributors.
``(7)(A) A treasurer of a political committee shall determine
whether a contribution is in compliance with this subsection. If the
treasurer is unable to verify that the acceptance of the contribution
was not in violation of this subsection, the treasurer shall, not later
than 30 days after the receipt of the contribution, refund the
contribution to the individual or entity making the contribution.
``(B) If the treasurer of a political committee shows that best
efforts have been used to comply with the requirements of this
paragraph, the committee shall be considered in compliance with this
subsection.
``(8) In this subsection--
``(A) the term `Internet credit or debit card contribution'
means a contribution that--
``(i) is made using a credit or debit card; and
``(ii) is received through an Internet website or
application; and
``(B) the term `digital wallet' means a software
application that stores payment or account information to
facilitate traditional payments that use bank and credit card
information.''.
SEC. 3. PROHIBITING ACCEPTANCE OF CONTRIBUTIONS MADE USING GIFT CARDS
IN FEDERAL ELECTIONS.
Section 302 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30102), as amended by section 2(a), is amended by adding at the end the
following:
``(k)(1) No political committee shall knowingly accept a
contribution made through the use of a gift certificate or store gift
card, as such terms are defined, respectively, under section 915(a) of
the Electronic Fund Transfer Act.
``(2)(A) A treasurer of a political committee shall determine
whether a contribution is in compliance with this subsection. If the
treasurer is unable to verify that the acceptance of the contribution
was not in violation of this subsection, the treasurer shall, not later
than 30 days after the receipt of the contribution, refund the
contribution to the individual or entity making the contribution.
``(B) If the treasurer of a political committee shows that best
efforts have been used to comply with the requirements of this
subsection, the committee shall be considered in compliance with this
subsection.''.
SEC. 4. PROHIBITING AIDING OR ABETTING MAKING OF CONTRIBUTION IN THE
NAME OF ANOTHER.
Section 320 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30122) is amended by adding at the end the following new sentence: ``No
person shall knowingly direct, help, or assist any person in making a
contribution in the name of another person.''.
SEC. 5. REGULATIONS.
(a) Deadline.--Not later than 90 days after the date of the
enactment of this Act, the Federal Election Commission shall promulgate
regulations to carry out the amendments made by this Act.
(b) Consultation With Credit Card Payment Networks.--In
promulgating regulations under subsection (a) to carry out the
amendments made by this Act, the Commission shall consult with
representatives of payment card networks, as defined under section
921(c) of the Electronic Fund Transfer Act (15 U.S.C. 1693o-2(c)), and
other relevant stakeholders.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to
contributions made after the expiration of the 90-day period which
begins on the date the Commission promulgates regulations under section
5.
Passed the House of Representatives December 16, 2024.
Attest:
Clerk.
118th CONGRESS
2d Session
H. R. 9488
_______________________________________________________________________
AN ACT
To amend the Federal Election Campaign Act of 1971 to require the
disclosure of the card verification value as a condition of the
acceptance of online contributions made through the use of credit or
debit cards in elections for Federal office and to prohibit the
acceptance of contributions made through the use of gift cards in such
elections, and for other purposes.