SHIELD Act

Bill: 118-hr-9488
Sponsor: full_name: Rep. Steil, Bryan [R-WI-1]
Introduced: 2024-09-06
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures

Consumer credit

Elections, voting, political campaign regulation

Federal Election Commission (FEC)
Latest action: action_date: 2024-12-16
text: The title of the measure was amended. Agreed to without objection.

Summaries:
action_date: 2024-09-06
action_desc: Introduced in House
text: <p><strong>Secure Handling of Internet Electronic Donations Act or the SHIELD Act</strong></p><p>This bill addresses campaign finance in federal elections.</p><p>Specifically, the bill requires political committees, when accepting a credit&nbsp;or debit card contribution over the internet, to collect the credit or debit card's verification value. The card's billing address must be in the United States unless the contributor is a U.S.&nbsp;national or lawful permanent resident living outside of the United States, in which case the contributor must provide his or her voter registration address or identification document (e.g., U.S. passport).&nbsp;The Federal Election Commission must, within 10 days, promulgate regulations related to this requirement.</p><p>Additionally, the bill prohibits political committees from accepting a contribution made through the use of a general-use prepaid card, gift certificate, or store gift card.</p><p>The bill also&nbsp;prohibits&nbsp;knowingly directing, helping, or assisting any person in making a contribution in the name of another person.</p>

action_date: 2024-09-20
action_desc: Reported to House
text: <p><strong>Secure Handling of Internet Electronic Donations Act or the SHIELD Act</strong></p><p>This bill addresses campaign finance in federal elections.</p><p>Specifically, the bill requires political committees, when accepting a credit&nbsp;or debit card contribution over the internet, to collect the credit or debit card's verification value. The card's billing address must be in the United States, with an exception. For a contributor who is living outside of the United States and, at the time of the contribution, is a U.S.&nbsp;national or lawfully admitted for permanent residence,&nbsp;the bill requires the contributor to provide the political committee&nbsp;with his or her voter registration address or identification document (e.g., U.S. passport).</p><p>Additionally, the bill prohibits political committees from accepting a contribution made through the use of a general-use prepaid card, gift certificate, or store gift card.</p><p>The bill also&nbsp;prohibits&nbsp;knowingly directing, helping, or assisting any person in making a contribution in the name of another person.</p><p>The Federal Election Commission must, within 10 days, promulgate regulations to carry out this bill.</p>

tv_txt: I 118th CONGRESS 2d Session H. R. 9488 IN THE HOUSE OF REPRESENTATIVES 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.

1. Short title This Act may be cited as the Secure Handling of Internet Electronic Donations Act or the SHIELD Act . 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. . 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. . 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. . 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. 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. Kevin F. McCumber, Clerk.

tv_txt: IB Union Calendar No. 590 118th CONGRESS 2d Session H. R. 9488 [Report No. 118–696] IN THE HOUSE OF REPRESENTATIVES September 6, 2024 Mr. Steil (for himself, Mrs. Bice , Ms. Lee of Florida , and Mr. D'Esposito ) introduced the following bill; which was referred to the Committee on House Administration September 20, 2024 Additional sponsors: Mr. Murphy and Mr. Calvert September 20, 2024 Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on September 6, 2024 A BILL 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 and prepaid credit cards in such elections, and for other purposes.

1. Short title This Act may be cited as the Secure Handling of Internet Electronic Donations Act or the SHIELD Act . 2. Requiring disclosure of card verification value as condition of acceptance of online contributions made using credit or debit cards in Federal elections (a) Requirement 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 billing address associated with such credit or debit card is located in the United States; or (ii) in the case of a contribution made by an individual living outside of the United States who, at the time the individual makes the contribution, is a United States national or 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) ), the individual provides the committee with— (I) the United States mailing address the individual uses for voter registration purposes; (II) a copy of the individual’s United States passport; (III) a copy of the individual’s permanent resident card; or (IV) a copy of a comparable acceptable identification document, or the unique identifying number from such a document, for the individual. (2) 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. (3) 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. (4) In this subsection, the term Internet credit or debit card contribution means a contribution that— (A) is made using a credit or debit card; and (B) is received through an Internet website. . (b) Effective Date The amendment made by subsection (a) shall apply to contributions the receipt of which a political committee is required to include in a report filed under section 304 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104 ) on or after the date of the enactment of this Act. 3. Prohibiting acceptance of contributions made using gift cards in Federal elections (a) Prohibition 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 accept a contribution made through the use of a general-use prepaid card, gift certificate, or store gift card, as such terms are defined, respectively, under section 915(a) of the Electronic Fund Transfer Act ( 15 U.S.C. 1693l–1(a) ). (2) 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. . (b) Effective date The amendment made by subsection (a) shall apply with respect to contributions the receipt of which a political committee is required to include in a report filed under section 304 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104 ) on or after the date of the enactment of this Act. 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. . 5. Regulations (a) Deadline Not later than 10 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 sections 2 and 3, 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) ).

Amend the title so as to read: A bill 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. .

September 20, 2024 Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

tv_txt: I 118th CONGRESS 2d Session H. R. 9488 IN THE HOUSE OF REPRESENTATIVES September 6, 2024 Mr. Steil (for himself, Mrs. Bice , Ms. Lee of Florida , and Mr. D'Esposito ) introduced the following bill; which was referred to the Committee on House Administration A BILL 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 and prepaid credit cards in such elections, and for other purposes.

1. Short title This Act may be cited as the Secure Handling of Internet Electronic Donations Act or the SHIELD Act . 2. Requiring disclosure of card verification value as condition of acceptance of online contributions made using credit or debit cards in Federal elections (a) Requirement 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 billing address associated with such credit or debit card is located in the United States; or (ii) in the case of a contribution made by an individual who is a United States national or lawful permanent resident living outside of the United States, the individual provides the committee with— (I) the United States mailing address the individual uses for voter registration purposes; (II) a copy of the individual’s United States passport; (III) a copy of the individual’s permanent resident card; or (IV) a copy of a comparable acceptable identification document, or the unique identifying number from such a document, for the individual. (2) 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. (3) In this subsection, the term Internet credit or debit card contribution means a contribution that— (A) is made using a credit or debit card; and (B) is received through an Internet website. . (b) Regulations (1) Deadline Not later than 10 days after the date of the enactment of this Act, the Federal Election Commission shall promulgate regulations to carry out the amendments made by subsection (a). (2) Consultation with credit card payment networks In promulgating regulations under paragraph (1), 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) ). (c) Effective Date The amendment made by subsection (a) shall apply with respect to contributions made after the expiration of the 180-day period which begins on the date of the enactment of this Act. 3. Prohibiting acceptance of contributions made using gift cards and prepaid credit cards in Federal elections (a) Prohibition 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) No political committee shall accept a contribution made through the use of a general-use prepaid card, gift certificate, or store gift card, as such terms are defined, respectively, under section 915(a) of the Electronic Fund Transfer Act ( 15 U.S.C. 1693l–1(a) ). . (b) Effective date The amendment made by subsection (a) shall apply with respect to contributions made after the expiration of the 180-day period which begins on the date of the enactment of this Act. 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. .