February 5, 2019
H.R. 1: Overview and Related CRS Products
Brief Overview
Campaign Finance
H.R. 1 proposes major amendments to federal law
Campaign finance provisions in H.R. 1 would substantially
governing campaign finance and elections. The bill’s
amend the Federal Election Campaign Act (FECA) and
provisions, unless otherwise noted, would affect federal
related statutes. Major provisions would (1) require
elections, although states would be responsible for
additional disclosure of campaign-related fundraising and
implementing some provisions. H.R. 1 also proposes
spending, including by some entities that do not currently
amendments to federal ethics and lobbying statutes. The bill
typically report to the Federal Election Commission (FEC);
generally proposes additional disclosure requirements,
(2) establish a voluntary public financing system for U.S.
regulation, or both in each policy area it addresses. It would
House campaigns; (3) substantially revise the current
authorize federal funding for some activities. This CRS “In
presidential public financing system; (4) require additional
Focus” highlights major provisions in the bill and lists
disclaimers surrounding certain political advertising, and
selected CRS products that provide related information. It
restrict coordination between campaigns and other
does not address legal or constitutional issues.
organizations; and (5) restructure the FEC.
H.R. 1 and Recent Congressional Activity These proposals largely would expand existing disclosure
Representative Sarbanes introduced H.R. 1 on January 3,
requirements or programs. The disclosure provisions are
2019. On January 29, 2019, the Judiciary Committee held
adapted from the DISCLOSE Act proposal, introduced
the first hearing on the bill. As of this writing, no Senate
regularly since the Supreme Court’s 2010 Citizens United
companion measure has been introduced.
ruling, which permitted corporate and union independent
spending to elect or defeat electoral candidates. If enacted,
H.R. 1 is one of the broadest legislative proposals
the proposed House public financing program would be the
addressing campaign finance, elections, ethics, and
first of its kind at the federal level. FEC membership and
lobbying introduced in recent decades. The bill is both
enforcement procedures would be substantially altered.
similar to and different from other recent legislation on
these topics. Specifically, several titles or subtitles in H.R. 1
Congressional Redistricting
were introduced as “stand-alone” bills in previous
H.R. 1 would require states to establish independent
Congresses or the current one. In those cases, H.R. 1 text
redistricting commissions that meet specified requirements
typically is the same as in other legislation or is slightly
regarding commission membership, procedures, and criteria
altered. H.R. 1 is, however, broader than most such
for redistricting plans for U.S. House elections.
legislation. The bill is 570 pages long and contains three
divisions.
The federal requirements that H.R. 1 proposes would mark
a major change in U.S. House redistricting. Currently, the
Division A concerns elections and voting.
federal government plays a limited role in congressional
redistricting, primarily by, for example, enforcing relevant
Division B concerns campaign finance.
portions of the Voting Rights Act. If the bill were enacted,
states would retain responsibility for the redistricting
Division C concerns ethics and lobbying.
process, but federal law would substantially affect how they
do so.
Given the bill’s broad scope, it was referred to 10 House
committees. The Committee on House Administration is the
Election Administration and Security
primary committee of jurisdiction. The bill also was
Major election administration provisions would (1) require
referred to Education and Labor; Ethics; Financial Services;
states to adopt certain policies, such as using paper ballots,
Homeland Security; Intelligence; Judiciary; Oversight and
offering early voting and no-excuse absentee voting, and
Reform; Science, Space, and Technology; and Ways and
accepting sworn written statements to satisfy voter
Means.
identification (ID) requirements; and (2) authorize election
administration grants and payments, including for absentee
Highlights of Major Provisions
ballot tracking programs, voting and registration access for
If enacted, H.R. 1 could substantially affect campaigns,
individuals with disabilities, and poll worker recruitment
elections, ethics, and lobbying in the United States. In each
and training.
of those areas, some parts of the bill would create new
federal requirements or roles. In others, the bill proposes to
Major election security provisions would (1) maintain the
amend existing ones. A brief discussion of the bill’s major
designation of election infrastructure as critical
provisions appears below.
infrastructure; (2) authorize funding to replace voting
systems and improve voting system security, implement
https://crsreports.congress.gov
H.R. 1: Overview and Related CRS Products
risk-limiting audits, and conduct research into election
H.R. 1’s ethics and lobbying provisions have some overlap
infrastructure improvements; and (3) direct or permit
with the bill’s campaign finance provisions, but are
federal agencies to analyze the effects of risk-limiting
regulated by separate federal statutes. In addition to
audits, provide chief state election officials with timely
expanded disclosure requirements, the bill would broaden
threat information, establish an election security bug bounty
the kinds of activities, and perhaps the people, subject to
program, and issue election cybersecurity guidelines and
ethics or lobbying statutes.
decertify systems that fail to meet those guidelines. The bill
also would revise certain criminal provisions concerning
Selected CRS Products
electoral participation and voter information. Many of these
Congressional requesters may contact CRS to discuss H.R.
provisions would amend the Help America Vote Act
1 or the topics addressed in this “In Focus.” Several written
(HAVA) or the Homeland Security Act (HSA).
products, some of which are listed below, provide
additional analysis of related topics.
Requirements throughout the bill apply to federal elections.
Therefore, if H.R. 1 were enacted, states could choose not
Congressional requesters may contact the coordinator of
to adopt the new federal requirements for state and local
this “In Focus” to obtain a CRS memorandum summarizing
elections. States and localities might nonetheless determine
major provisions in H.R. 1.
that it is impractical to maintain differing federal and
nonfederal processes for election administration and
CRS In Focus IF10677, The Designation of Election
election security.
Systems as Critical Infrastructure, by Eric A. Fischer
Voter Registration
CRS In Focus IF10925, State Election Reform Payments:
Voter registration provisions in H.R. 1 would create several
FY2018 Appropriations, by Karen L. Shanton
requirements for states regarding how individuals can
register to vote or update their registration information for
CRS Report R41542, The State of Campaign Finance
federal elections, including (1) online voter registration
Policy: Recent Developments and Issues for Congress, by
applications; (2) same-day voter registration on Election
R. Sam Garrett
Day and during early voting; and (3) automatic voter
registration through the use of contributing agency
CRS Report R44974, Ethics Pledges and Other Executive
records. H.R. 1 also contains additional criteria for states
Branch Appointee Restrictions Since 1993: Historical
regarding voter registration database maintenance and
Perspective, Current Practices, and Options for Change, by
security. Most of this language would amend the National
Jacob R. Straus
Voter Registration Act (NVRA) or HAVA. States would
remain responsible for registration under these provisions;
CRS Report R45030, Federal Role in Voter Registration:
some provisions could substantially affect the ways in
The National Voter Registration Act of 1993 and
which they do so.
Subsequent Developments, by Sarah J. Eckman
Ethics and Lobbying
CRS Report R45302, Federal Role in U.S. Campaigns and
Ethics provisions in H.R. 1 generally would amend current
Elections: An Overview, by R. Sam Garrett
conflict of interest, revolving door, and financial disclosure
requirements and administration. Major provisions would
CRS Report R45320, Campaign Finance Law: An Analysis
(1) reauthorize the Office of Government Ethics (OGE),
of Key Issues, Recent Developments, and Constitutional
provide it investigative authority, and formalize its role in
Considerations for Legislation, by L. Paige Whitaker
approving agency conflict of interest mitigation efforts; (2)
require the issuance of a code of conduct for justices and
CRS Report RL34377, Lobbying Registration and
judges; (3) address presidential and vice presidential
Disclosure: The Role of the Clerk of the House and the
conflict of interest and financial disclosure and presidential
Secretary of the Senate, by Jacob R. Straus
transition team ethics; (4) codify executive order ethics
pledge provisions and extend revolving door restrictions for
CRS Report RS20898, The Help America Vote Act and
executive branch personnel; and (5) amend the
Election Administration: Overview and Selected Issues for
Congressional Accountability Act (CAA) and House Rules
the 2016 Election, by Arthur L. Burris and Eric A. Fischer
to address aspects of congressional ethics.
R. Sam Garrett, Coordinator, Specialist in American
Lobbying provisions in H.R. 1 would amend the Foreign
National Government
Agents Registration Act (FARA) to provide dedicated
Sarah J. Eckman, Analyst in American National
investigative and enforcement authority to the Department
Government
of Justice, establish civil penalties, and require the
disclosure of foreign gifts. H.R. 1 also would amend the
Karen L. Shanton, Analyst in American National
Lobbying Disclosure Act (LDA) to revise the definition of
Government
lobbying activities and lobbying contact to include
Jacob R. Straus, Specialist on the Congress
legislative, political, and strategic counseling services in
Raymond T. Williams, Research Assistant
support of lobbying.
IF11097
https://crsreports.congress.gov
H.R. 1: Overview and Related CRS Products
Disclaimer
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https://crsreports.congress.gov | IF11097 · VERSION 2 · NEW