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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9488 Engrossed in House (EH)]

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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.
```