HR 9488 — SHIELD Act Secure Handling of Internet Electronic Donations Act

changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

 FEDERAL ELECTION CAMPAIGN ACT OF 1971

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TITLE III--DISCLOSURE OF FEDERAL CAMPAIGN FUNDS

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 organization of political committees

 Sec. 302. (a) Every political committee shall have a 
treasurer. No contribution or expenditure shall be accepted or 
made by or on behalf of a political committee during any period 
in which the office of treasurer is vacant. No expenditures 
shall be made for or on behalf of a political committee without 
the authorization of the treasurer or his or her designated 
agent.
 (b)(1) Every person who receives a contribution for an 
authorized political committee shall, no later than 10 days 
after receiving such contribution, forward to the treasurer 
such contribution, and if the amount of the contribution is in 
excess of $50 the name and address of the person making the 
contribution and the date of receipt.
 (2) Every person who receives a contribution for a political 
committee which is not an authorized committee shall--
 (A) if the amount of the contribution is $50 or less, 
 forward to the treasurer such contribution no later 
 than 30 days after receiving the contribution; and
 (B) if the amount of the contribution is in excess of 
 $50, forward to the treasurer such contribution, the 
 name and address of the person making the contribution, 
 and the date of receipt of the contribution, no later 
 than 10 days after receiving the contribution.
 (3) All funds of a political committee shall be segregated 
from, and may not be commingled with, the personal funds of any 
individual.
 (c) The treasurer of a political committee shall keep an 
account of--
 (1) all contributions received by or on behalf of 
 such political committee;
 (2) the name and address of any person who makes any 
 contribution in excess of $50, together with the date 
 and amount of such contribution by any person;
 (3) the identification of any person who makes a 
 contribution or contributions aggregating more than 
 $200 during a calendar year, together with the date and 
 amount of any such contribution;
 (4) the identification of any political committee 
 which makes a contribution, together with the date and 
 amount of any such contribution; and
 (5) the name and address of every person to whom any 
 disbursement is made, the date, amount, and purpose of 
 the disbursement, and the name of the candidate and the 
 office sought by the candidate, if any, for whom the 
 disbursement was made, including a receipt, invoice, or 
 canceled check for each disbursement in excess of $200.
 (d) The treasurer shall preserve all records required to be 
kept by this section and copies of all reports required to be 
filed by this title for 3 years after the report is filed. For 
any report filed in electronic format under section 304(a)(11), 
the treasurer shall retain a machine-readable copy of the 
report as the copy preserved under the preceding sentence.
 (e)(1) Each candidate for Federal office (other than the 
nominee for the office of Vice President) shall designate in 
writing a political committee in accordance with paragraph (3) 
to serve as the principal campaign committee of such candidate. 
Such designation shall be made no later than 15 days after 
becoming a candidate. A candidate may designate additional 
political committees in accordance with paragraph (3) to serve 
as authorized committees of such candidate. Such designation 
shall be in writing and filed with the principal campaign 
committee of such candidate in accordance with subsection 
(f)(1).
 (2) Any candidate described in paragraph (1) who receives a 
contribution, or any loan for use in connection with the 
campaign of such candidate for election, or makes a 
disbursement in connection with such campaign, shall be 
considered, for purposes of this Act, as having received the 
contribution or loan, or as having made the disbursement, as 
the case may be, as an agent of the authorized committee or 
committees of such candidate.
 (3)(A) No political committee which supports or has supported 
more than one candidate may be designated as an authorized 
committee, except that--
 (i) the candidate for the office of President 
 nominated by a political party may designate the 
 national committee of such political party as a 
 principal campaign committee, but only if that national 
 committee maintains separate books of account with 
 respect to its function as a principal campaign 
 committee; and
 (ii) candidates may designate a political committee 
 established solely for the purpose of joint fundraising 
 by such candidates as an authorized committee.
 (B) As used in this section, the term ``support'' does not 
include a contribution by any authorized committee in amounts 
of $2,000 or less to an authorized committee of any other 
candidate.
 (4) The name of each authorized committee shall include the 
name of the candidate who authorized such committee under 
paragraph (1). In the case of any political committee which is 
not an authorized committee, such political committee shall not 
include the name of any candidate in its name.
 (5) The name of any separate segregated fund established 
pursuant to section 316(b) shall include the name of its 
connected organization.
 (f)(1) Notwithstanding any other provision of this Act, each 
designation, statement, or report of receipts or disbursements 
made by an authorized committee of a candidate shall be filed 
with the candidate's principal campaign committee.
 (2) Each principal campaign committee shall receive all 
designations, statements, and reports required to be filed with 
it under paragraph (1) and shall compile and file such 
designations, statements, and reports in accordance with this 
Act.
 (g) Filing With the Commission.--All designations, 
statements, and reports required to be filed under this Act 
shall be filed with the Commission.
 (h)(1) Each political committee shall designate one or more 
State banks, federally chartered depository institutions, or 
depository institutions the deposits or accounts of which are 
insured by the Federal Deposit Insurance Corporation, the 
Federal Savings and Loan Insurance Corporation, or the National 
Credit Union Administration, as its campaign depository or 
depositories. Each political committee shall maintain at least 
one checking account and such other accounts as the committee 
determines at a depository designated by such committee. All 
receipts received by such committee shall be deposited in such 
accounts. No disbursements may be made (other than petty cash 
disbursements under paragraph (2)) by such committee except by 
check drawn on such accounts in accordance with this section.
 (2) A political committee may maintain a petty cash fund for 
disbursements not in excess of $100 to any person in connection 
with a single purchase or transaction. A record of all petty 
cash disbursements shall be maintained in accordance with 
subsection (c)(5).
 (i) When the treasurer of a political committee shows that 
best efforts have been used to obtain, maintain, and submit the 
information required by this Act for the political committee, 
any report or any records of such committee shall be considered 
in compliance with this Act or chapter 95 or chapter 96 of the 
Internal Revenue Code of 1954.
 (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.
 (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.

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 prohibition of contributions in name of another

 Sec. 320. No person shall make a contribution in the name of 
another person or knowingly permit his name to be used to 
effect such a contribution, and no person shall knowingly 
accept a contribution made by one person in the name of another 
person. No person shall knowingly direct, help, or assist any 
person in making a contribution in the name of another person.

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