I 
117TH CONGRESS 
1ST SESSION H. R. 1312 
To amend chapters 95 and 96 of the Internal Revenue Code of 1986 to 
reform the system of public financing for Presidential election campaigns, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 24, 2021 
Mr. PRICE of North Carolina introduced the following bill; which was referred 
to the Committee on House Administration, and in addition to the Com-
mittees on Ways and Means, and the Judiciary, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To amend chapters 95 and 96 of the Internal Revenue Code 
of 1986 to reform the system of public financing for 
Presidential election campaigns, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Empower Act of 2021’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
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TITLE I—PRIMARY ELECTIONS 
Sec. 101. Increase in and modifications to matching payments. 
Sec. 102. Eligibility requirements for matching payments. 
Sec. 103. Repeal of expenditure limitations. 
Sec. 104. Period of availability of matching payments. 
Sec. 105. Examination and audits of matchable contributions. 
Sec. 106. Modification to limitation on contributions for Presidential primary 
candidates. 
Sec. 107. Use of Freedom From Influence Fund as source of payments. 
TITLE II—GENERAL ELECTIONS 
Sec. 201. Modification of eligibility requirements for public financing. 
Sec. 202. Repeal of expenditure limitations and use of qualified campaign con-
tributions. 
Sec. 203. Matching payments and other modifications to payment amounts. 
Sec. 204. Increase in limit on coordinated party expenditures. 
Sec. 205. Establishment of uniform date for release of payments. 
Sec. 206. Amounts in Presidential Election Campaign Fund. 
Sec. 207. Use of general election payments for general election legal and ac-
counting compliance. 
Sec. 208. Use of Freedom From Influence Fund as source of payments. 
TITLE III—FREEDOM FROM INFLUENCE FUND 
Sec. 301. Freedom From Influence Fund. 
Sec. 302. Assessments against fines and penalties. 
TITLE IV—EFFECTIVE DATE 
Sec. 401. Effective date. 
TITLE I—PRIMARY ELECTIONS 
SEC. 101. INCREASE IN AND MODIFICATIONS TO MATCHING 
PAYMENTS. 
(a) INCREASE AND MODIFICATION.— 
(1) IN GENERAL.—The first sentence of section 
9034(a) of the Internal Revenue Code of 1986 is 
amended— 
(A) by striking ‘‘an amount equal to the 
amount of each contribution’’ and inserting ‘‘an 
amount equal to 600 percent of the amount of 
each matchable contribution (disregarding any 
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amount of contributions from any person to the 
extent that the total of the amounts contributed 
by such person for the election exceeds $200)’’; 
and 
(B) by striking ‘‘authorized committees’’ 
and all that follows through ‘‘$250’’ and insert-
ing ‘‘authorized committees’’. 
(2) 
MATCHABLE
CONTRIBUTIONS.—Section 
9034 of such Code is amended— 
(A) by striking the last sentence of sub-
section (a); and 
(B) by adding at the end the following new 
subsection: 
‘‘(c) MATCHABLE CONTRIBUTION DEFINED.—For 
purposes of this section and section 9033(b)— 
‘‘(1) MATCHABLE
CONTRIBUTION.—The term 
‘matchable contribution’ means, with respect to the 
nomination for election to the office of President of 
the United States, a contribution by an individual to 
a candidate or an authorized committee of a can-
didate with respect to which the candidate has cer-
tified in writing that— 
‘‘(A) the individual making such contribu-
tion has not made aggregate contributions (in-
cluding such matchable contribution) to such 
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candidate and the authorized committees of 
such candidate in excess of $1,000 for the elec-
tion; 
‘‘(B) such candidate and the authorized 
committees of such candidate will not accept 
contributions from such individual (including 
such matchable contribution) aggregating more 
than the amount described in subparagraph 
(A); and 
‘‘(C) such contribution was a direct con-
tribution. 
‘‘(2) CONTRIBUTION.—For purposes of this 
subsection, the term ‘contribution’ means a gift of 
money made by a written instrument which identi-
fies the individual making the contribution by full 
name and mailing address, but does not include a 
subscription, loan, advance, or deposit of money, or 
anything of value or anything described in subpara-
graph (B), (C), or (D) of section 9032(4). 
‘‘(3) DIRECT CONTRIBUTION.— 
‘‘(A) IN GENERAL.—For purposes of this 
subsection, 
the 
term 
‘direct 
contribution’ 
means, with respect to a candidate, a contribu-
tion which is made directly by an individual to 
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the candidate or an authorized committee of the 
candidate and is not— 
‘‘(i) forwarded from the individual 
making the contribution to the candidate 
or committee by another person; or 
‘‘(ii) received by the candidate or com-
mittee with the knowledge that the con-
tribution was made at the request, sugges-
tion, or recommendation of another person. 
‘‘(B) OTHER
DEFINITIONS.—In subpara-
graph (A)— 
‘‘(i) the term ‘person’ does not include 
an individual (other than an individual de-
scribed in section 304(i)(7) of the Federal 
Election Campaign Act of 1971), a polit-
ical committee of a political party, or any 
political committee which is not a separate 
segregated 
fund 
described 
in 
section 
316(b) of the Federal Election Campaign 
Act of 1971 and which does not make con-
tributions or independent expenditures, 
does not engage in lobbying activity under 
the Lobbying Disclosure Act of 1995 (2 
U.S.C. 1601 et seq.), and is not estab-
lished by, controlled by, or affiliated with 
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a registered lobbyist under such Act, an 
agent of a registered lobbyist under such 
Act, or an organization which retains or 
employs a registered lobbyist under such 
Act; and 
‘‘(ii) a contribution is not ‘made at 
the request, suggestion, or recommendation 
of another person’ solely on the grounds 
that the contribution is made in response 
to information provided to the individual 
making the contribution by any person, so 
long as the candidate or authorized com-
mittee does not know the identity of the 
person who provided the information to 
such individual.’’. 
(3) CONFORMING AMENDMENTS.— 
(A) Section 9032(4) of such Code is 
amended by striking ‘‘section 9034(a)’’ and in-
serting ‘‘section 9034’’. 
(B) Section 9033(b)(3) of such Code is 
amended by striking ‘‘matching contributions’’ 
and inserting ‘‘matchable contributions’’. 
(b) MODIFICATION OF PAYMENT LIMITATION.—Sec-
tion 9034(b) of such Code is amended— 
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(1) by striking ‘‘The total’’ and inserting the 
following: 
‘‘(1) IN GENERAL.—The total’’; 
(2) by striking ‘‘shall not exceed’’ and all that 
follows 
and 
inserting 
‘‘shall 
not 
exceed 
$250,000,000.’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(2) INFLATION ADJUSTMENT.— 
‘‘(A) IN GENERAL.—In the case of any ap-
plicable period beginning after 2029, the dollar 
amount in paragraph (1) shall be increased by 
an amount equal to— 
‘‘(i) such dollar amount, multiplied by 
‘‘(ii) the cost-of-living adjustment de-
termined under section 1(f)(3) for the cal-
endar year following the year which such 
applicable period begins, determined by 
substituting ‘calendar year 2028’ for ‘cal-
endar year 1992’ in subparagraph (B) 
thereof. 
‘‘(B) APPLICABLE PERIOD.—For purposes 
of this paragraph, the term ‘applicable period’ 
means the 4-year period beginning with the 
first day following the date of the general elec-
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tion for the office of President and ending on 
the date of the next such general election. 
‘‘(C) ROUNDING.—If any amount as ad-
justed under subparagraph (1) is not a multiple 
of $10,000, such amount shall be rounded to 
the nearest multiple of $10,000.’’. 
SEC. 102. ELIGIBILITY REQUIREMENTS FOR MATCHING 
PAYMENTS. 
(a) AMOUNT OF AGGREGATE CONTRIBUTIONS PER 
STATE; DISREGARDING OF AMOUNTS CONTRIBUTED IN 
EXCESS OF $200.—Section 9033(b)(3) of the Internal 
Revenue Code of 1986 is amended— 
(1) 
by 
striking 
‘‘$5,000’’ 
and 
inserting 
‘‘$25,000’’; and 
(2) by striking ‘‘20 States’’ and inserting the 
following: ‘‘20 States (disregarding any amount of 
contributions from any such resident to the extent 
that the total of the amounts contributed by such 
resident for the election exceeds $200)’’. 
(b) CONTRIBUTION LIMIT.— 
(1) IN
GENERAL.—Paragraph (4) of section 
9033(b) of such Code is amended to read as follows: 
‘‘(4) the candidate and the authorized commit-
tees of the candidate will not accept aggregate con-
tributions from any person with respect to the nomi-
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nation for election to the office of President of the 
United States in excess of $1,000 for the election.’’. 
(2) CONFORMING AMENDMENTS.— 
(A) Section 9033(b) of such Code is 
amended by adding at the end the following 
new flush sentence: 
‘‘For purposes of paragraph (4), the term ‘contribution’ 
has the meaning given such term in section 301(8) of the 
Federal Election Campaign Act of 1971.’’. 
(B) Section 9032(4) of such Code, as 
amended by section 101(a)(3)(A), is amended 
by striking ‘‘section 9034’’ and inserting ‘‘sec-
tion 9033(b) or 9034’’. 
(c) PARTICIPATION IN SYSTEM FOR PAYMENTS FOR 
GENERAL ELECTION.—Section 9033(b) of such Code is 
amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(3); 
(2) by striking the period at the end of para-
graph (4) and inserting ‘‘, and’’; and 
(3) by inserting after paragraph (4) the fol-
lowing new paragraph: 
‘‘(5) if the candidate is nominated by a political 
party for election to the office of President, the can-
didate will apply for and accept payments with re-
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spect to the general election for such office in ac-
cordance with chapter 95.’’. 
(d) PROHIBITION ON JOINT FUNDRAISING COMMIT-
TEES.—Section 9033(b) of such Code, as amended by sub-
section (c), is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(4); 
(2) by striking the period at the end of para-
graph (5) and inserting ‘‘; and’’; and 
(3) by inserting after paragraph (5) the fol-
lowing new paragraph: 
‘‘(6) the candidate will not establish a joint 
fundraising committee with a political committee 
other than another authorized committee of the can-
didate, except that candidate established a joint 
fundraising committee with respect to a prior elec-
tion for which the candidate was not eligible to re-
ceive payments under section 9037 and the can-
didate does not terminate the committee, the can-
didate shall not be considered to be in violation of 
this paragraph so long as that joint fundraising 
committee does not receive any contributions or 
make any disbursements during the election cycle for 
which the candidate is eligible to receive payments 
under such section.’’. 
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SEC. 103. REPEAL OF EXPENDITURE LIMITATIONS. 
(a) IN GENERAL.—Subsection (a) of section 9035 of 
the Internal Revenue Code of 1986 is amended to read 
as follows: 
‘‘(a) PERSONAL EXPENDITURE LIMITATION.—No 
candidate shall knowingly make expenditures from his per-
sonal funds, or the personal funds of his immediate family, 
in connection with his campaign for nomination for elec-
tion to the office of President in excess of, in the aggre-
gate, $50,000.’’. 
(b) CONFORMING AMENDMENT.—Paragraph (1) of 
section 9033(b) of the Internal Revenue Code of 1986 is 
amended to read as follows: 
‘‘(1) the candidate will comply with the per-
sonal expenditure limitation under section 9035,’’. 
SEC. 104. PERIOD OF AVAILABILITY OF MATCHING PAY-
MENTS. 
Section 9032(6) of the Internal Revenue Code of 
1986 is amended by striking ‘‘the beginning of the cal-
endar year in which a general election for the office of 
President of the United States will be held’’ and inserting 
‘‘the date that is 6 months prior to the date of the earliest 
State primary election’’. 
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SEC. 105. EXAMINATION AND AUDITS OF MATCHABLE CON-
TRIBUTIONS. 
Section 9038(a) of the Internal Revenue Code of 
1986 is amended by inserting ‘‘and matchable contribu-
tions accepted by’’ after ‘‘qualified campaign expenses of’’. 
SEC. 106. MODIFICATION TO LIMITATION ON CONTRIBU-
TIONS FOR PRESIDENTIAL PRIMARY CAN-
DIDATES. 
Section 315(a)(6) of the Federal Election Campaign 
Act of 1971 (52 U.S.C. 30116(a)(6)) is amended by strik-
ing ‘‘calendar year’’ and inserting ‘‘four-year election 
cycle’’. 
SEC. 107. USE OF FREEDOM FROM INFLUENCE FUND AS 
SOURCE OF PAYMENTS. 
(a) IN GENERAL.—Chapter 96 of subtitle H of the 
Internal Revenue Code of 1986 is amended by adding at 
the end the following new section: 
‘‘SEC. 9043. USE OF FREEDOM FROM INFLUENCE FUND AS 
SOURCE OF PAYMENTS. 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of this chapter, effective with respect to the Presi-
dential election held in 2028 and each succeeding Presi-
dential election, all payments made to candidates under 
this chapter shall be made from the Freedom From Influ-
ence Fund established under title III of the Empower Act 
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of 2021 (hereafter in this section referred to as the 
‘Fund’). 
‘‘(b) MANDATORY REDUCTION
OF PAYMENTS
IN 
CASE OF INSUFFICIENT AMOUNTS IN FUND.— 
‘‘(1) ADVANCE AUDITS BY COMMISSION.—Not 
later than 90 days before the first day of each Presi-
dential election cycle (beginning with the cycle for 
the election held in 2028), the Commission shall— 
‘‘(A) audit the Fund to determine whether 
the amounts remaining in the Fund will be suf-
ficient to make payments to candidates under 
this chapter in the amounts provided under this 
chapter during such election cycle; and 
‘‘(B) submit a report to Congress describ-
ing the results of the audit. 
‘‘(2) REDUCTIONS IN AMOUNT OF PAYMENTS.— 
‘‘(A) AUTOMATIC
REDUCTION
ON
PRO 
RATA BASIS.—If, on the basis of the audit de-
scribed in paragraph (1), the Commission deter-
mines that the amount anticipated to be avail-
able in the Fund with respect to the Presi-
dential election cycle involved is not, or may not 
be, sufficient to satisfy the full entitlements of 
candidates to payments under this chapter for 
such cycle, the Commission shall reduce each 
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sion determines that there are insufficient mon-
eys in the Fund to make payments to can-
didates under this chapter, moneys shall not be 
made available from any other source for the 
purpose of making such payments. 
‘‘(3) NO EFFECT ON AMOUNTS TRANSFERRED 
FOR PEDIATRIC RESEARCH INITIATIVE.—This sec-
tion does not apply to the transfer of funds under 
section 9008(i). 
‘‘(4) PRESIDENTIAL
ELECTION
CYCLE
DE-
FINED.—In this section, the term ‘Presidential elec-
tion cycle’ means, with respect to a Presidential elec-
tion, the period beginning on the day after the date 
of the previous Presidential general election and 
ending on the date of the Presidential election.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 96 of subtitle H of such Code is amended by 
adding at the end the following new item: 
‘‘Sec. 9043. Use of Freedom From Influence Fund as source of payments.’’. 
TITLE II—GENERAL ELECTIONS 
SEC. 201. MODIFICATION OF ELIGIBILITY REQUIREMENTS 
FOR PUBLIC FINANCING. 
Subsection (a) of section 9003 of the Internal Rev-
enue Code of 1986 is amended to read as follows: 
‘‘(a) IN GENERAL.—In order to be eligible to receive 
any payments under section 9006, the candidates of a po-
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litical party in a Presidential election shall meet the fol-
lowing requirements: 
‘‘(1) PARTICIPATION
IN
PRIMARY
PAYMENT 
SYSTEM.—The candidate for President received pay-
ments under chapter 96 for the campaign for nomi-
nation for election to be President. 
‘‘(2) AGREEMENTS
WITH
COMMISSION.—The 
candidates, in writing— 
‘‘(A) agree to obtain and furnish to the 
Commission such evidence as it may request of 
the qualified campaign expenses of such can-
didates, 
‘‘(B) agree to keep and furnish to the 
Commission such records, books, and other in-
formation as it may request, and 
‘‘(C) agree to an audit and examination by 
the Commission under section 9007 and to pay 
any amounts required to be paid under such 
section. 
‘‘(3) PROHIBITION
ON
JOINT
FUNDRAISING 
COMMITTEES.— 
‘‘(A) PROHIBITION.—The candidates cer-
tifies in writing that the candidates will not es-
tablish a joint fundraising committee with a po-
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litical committee other than another authorized 
committee of the candidate. 
‘‘(B) STATUS
OF
EXISTING
COMMITTEES 
FOR PRIOR ELECTIONS.—If a candidate estab-
lished a joint fundraising committee described 
in subparagraph (A) with respect to a prior 
election for which the candidate was not eligible 
to receive payments under section 9006 and the 
candidate does not terminate the committee, 
the candidate shall not be considered to be in 
violation of subparagraph (A) so long as that 
joint fundraising committee does not receive 
any contributions or make any disbursements 
with respect to the election for which the can-
didate is eligible to receive payments under sec-
tion 9006.’’. 
SEC. 202. REPEAL OF EXPENDITURE LIMITATIONS AND USE 
OF QUALIFIED CAMPAIGN CONTRIBUTIONS. 
(a) USE OF QUALIFIED CAMPAIGN CONTRIBUTIONS 
WITHOUT EXPENDITURE LIMITS; APPLICATION OF SAME 
REQUIREMENTS FOR MAJOR, MINOR, AND NEW PAR-
TIES.—Section 9003 of the Internal Revenue Code of 
1986 is amended by striking subsections (b) and (c) and 
inserting the following: 
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‘‘(b) USE OF QUALIFIED CAMPAIGN CONTRIBUTIONS 
TO DEFRAY EXPENSES.— 
‘‘(1) IN GENERAL.—In order to be eligible to 
receive any payments under section 9006, the can-
didates of a party in a Presidential election shall 
certify to the Commission, under penalty of perjury, 
that— 
‘‘(A) such candidates and their authorized 
committees have not and will not accept any 
contributions to defray qualified campaign ex-
penses other than— 
‘‘(i) qualified campaign contributions, 
and 
‘‘(ii) contributions to the extent nec-
essary to make up any deficiency payments 
received out of the fund on account of the 
application of section 9006(c), and 
‘‘(B) such candidates and their authorized 
committees have not and will not accept any 
contribution to defray expenses which would be 
qualified campaign expenses but for subpara-
graph (C) of section 9002(11). 
‘‘(2) TIMING
OF
CERTIFICATION.—The can-
didate shall make the certification required under 
this subsection at the same time the candidate 
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makes the certification required under subsection 
(a)(3).’’. 
(b) DEFINITION
OF QUALIFIED CAMPAIGN CON-
TRIBUTION.—Section 9002 of such Code is amended by 
adding at the end the following new paragraph: 
‘‘(13) QUALIFIED CAMPAIGN CONTRIBUTION.— 
The term ‘qualified campaign contribution’ means, 
with respect to any election for the office of Presi-
dent of the United States, a contribution from an in-
dividual to a candidate or an authorized committee 
of a candidate which— 
‘‘(A) does not exceed $1,000 for the elec-
tion; and 
‘‘(B) with respect to which the candidate 
has certified in writing that— 
‘‘(i) the individual making such con-
tribution has not made aggregate contribu-
tions (including such qualified contribu-
tion) to such candidate and the authorized 
committees of such candidate in excess of 
the amount described in subparagraph (A), 
and 
‘‘(ii) such candidate and the author-
ized committees of such candidate will not 
accept contributions from such individual 
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(including such qualified contribution) ag-
gregating more than the amount described 
in subparagraph (A) with respect to such 
election.’’. 
(c) CONFORMING AMENDMENTS.— 
(1) REPEAL OF EXPENDITURE LIMITS.— 
(A) IN GENERAL.—Section 315 of the Fed-
eral Election Campaign Act of 1971 (52 U.S.C. 
30116) is amended by striking subsection (b). 
(B) CONFORMING AMENDMENTS.—Section 
315(c) of such Act (52 U.S.C. 30116(c)) is 
amended— 
(i) in paragraph (1)(B)(i), by striking 
‘‘, (b)’’; and 
(ii) in paragraph (2)(B)(i), by striking 
‘‘subsections (b) and (d)’’ and inserting 
‘‘subsection (d)’’. 
(2) REPEAL OF REPAYMENT REQUIREMENT.— 
(A) IN GENERAL.—Section 9007(b) of the 
Internal Revenue Code of 1986 is amended by 
striking paragraph (2) and redesignating para-
graphs (3), (4), and (5) as paragraphs (2), (3), 
and (4), respectively. 
(B) 
CONFORMING
AMENDMENT.—Para-
graph (2) of section 9007(b) of such Code, as 
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