Updated February 26, 2021
H.R. 1: Overview and Related CRS Products
Brief Overview
Highlights of Major Provisions
H.R. 1 proposes major amendments to federal law
If enacted, H.R. 1 could substantially affect campaigns,
governing campaign finance and elections. The bill’s
elections, ethics, and lobbying in the United States. In each
provisions, unless otherwise noted, would affect federal
of those areas, some parts of the bill would create new
elections, although states would be responsible for
federal requirements or roles. In others, the bill proposes to
implementing some provisions. H.R. 1 also proposes
amend existing ones. A brief discussion of the bill’s major
amendments to federal ethics and lobbying statutes. The bil
provisions appears below.
generally proposes additional disclosure requirements,
regulation, or both in each policy area it addresses. It would
Campaign Finance
authorize federal funding for some activities. This CRS In
Campaign finance provisions in H.R. 1 would substantially
Focus highlights major provisions in the bill and lists
amend the Federal Election Campaign Act (FECA) and
selected CRS products that provide related information. It
related statutes. Major provisions would (1) require
does not address legal or constitutional issues.
additional disclosure of campaign-related fundraising and
spending, including by some entities that do not currently
H.R. 1 and Recent Congressional Activity typically report to the Federal Election Commission (FEC);
Representative Sarbanes introduced H.R. 1 on January 4,
(2) establish a voluntary public financing system for U.S.
2021. The 116th Congress considered a previous version of
House campaigns; (3) substantially revise the current
H.R. 1. The House passed the 116th Congress version of the
presidential public financing system; (4) require additional
bill (234-193) on March 8, 2019. Senate companion
disclaimers surrounding certain political advertising, and
measure S. 949 (Udall) did not advance beyond committee
restrict coordination between campaigns and other
referral.
organizations; and (5) restructure the FEC. The bill also
would clarify and extend existing FECA prohibitions on
The version of the bill introduced in the 117th Congress
foreign interference in U.S. campaigns and elections, and
generally is similar to the one the House passed during the
require related reporting.
116th Congress. Notable changes in the 117th Congress
version of the bill include additional provisions addressing
Many of the disclosure provisions are adapted from the
(1) congressional findings justifying the legislation and its
DISCLOSE Act proposal, introduced regularly since the
constitutionality; (2) early and mail voting, polling place
Supreme Court’s 2010 Citizens United ruling, which
operations, and emergency contingency planning; and (3)
permitted corporate and union independent spending to
foreign interference in U.S. campaigns and elections.
elect or defeat electoral candidates. If enacted, the proposed
House public financing program would be the first of its
H.R. 1 is one of the broadest legislative proposals
kind at the federal level. FEC membership and enforcement
addressing campaign finance, elections, ethics, and
procedures would be substantially altered.
lobbying introduced in recent decades. The bill is both
similar to and different from other recent legislation on
Congressional Redistricting
these topics. Specifically, several titles or subtitles in H.R. 1
H.R. 1 would require states to establish independent
were introduced as stand-alone bills in previous Congresses
redistricting commissions that meet specified requirements
or the current one. In those cases, H.R. 1 text typically is
regarding commission membership, procedures, and criteria
the same as in other legislation or is slightly altered. H.R. 1
for redistricting plans for U.S. House elections.
is, however, broader than most such legislation. The bill as
introduced is 791 pages long and contains three divisions
The federal requirements that H.R. 1 proposes would mark
concerning elections and voting (A); campaign finance (B);
a major change in U.S. House redistricting. Currently, the
and ethics and lobbying (C).
federal government plays a limited role in congressional
redistricting, primarily by, for example, enforcing relevant
H.R. 1 was referred to 11 House committees. The
portions of the Voting Rights Act (VRA). If the bill were
Committee on House Administration is the primary
enacted, states would retain responsibility for the
committee of jurisdiction. The bill also was referred to
redistricting process, but federal law would s ubstantially
Armed Services; Education and Labor; Ethics; Financial
affect how they do so.
Services; Homeland Security; Intelligence; Judiciary;
Oversight and Reform; Science, Space, and Technology;
Election Administration and Security
and Ways and Means.
Major election administration provisions would (1) require
states to adopt certain policies, such as using paper ballots,
offering early and no-excuse mail voting, accepting sworn
written statements to satisfy voter identification (ID)
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H.R. 1: Overview and Related CRS Products
requirements, and establishing contingency plans for
Lobbying provisions in H.R. 1 would amend the Foreign
conducting elections during certain emergencies; and (2)
Agents Registration Act (FARA) to provide dedicated
authorize or reauthorize election administration grant
investigative and enforcement authority to the Department
programs, including for absentee ballot tracking programs,
of Justice, establish civil penalties, and require the
voting and registration access for individuals with
disclosure of foreign gifts. H.R. 1 also would amend the
disabilities, and poll worker recruitment and training.
Lobbying Disclosure Act (LDA) to revise the definition of
lobbying activities and lobbying contact to include
Major election security provisions would (1) codify the
legislative, political, and strategic counseling services in
designation of election infrastructure as critical
support of lobbying.
infrastructure; (2) authorize funding to replace voting
systems and improve voting system security, implement
H.R. 1’s ethics and lobbying provisions have some overlap
risk-limiting audits, and research election infrastructure
with the bill’s campaign finance provisions, but are
improvements; and (3) direct or permit federal agencies to
regulated by separate federal statutes. In addition to
analyze the effects of risk-limiting audits, provide election
expanded disclosure requirements, the bill would broaden
officials with security-related information and assistance,
the kinds of activities, and perhaps the people, subject to
establish an election security bug bounty program, and
ethics or lobbying statutes.
issue election cybersecurity guidelines and a national
strategy to protect democratic institutions. The bill also
Selected CRS Products
would revise certain criminal provisions concerning
Several written products, some of which are listed below,
electoral participation and voter information. Many of these
provide additional analysis of related topics.
provisions would amend the Help America Vote Act
(HAVA) or the Homeland Security Act (HSA).
CRS Report R41542, The State of Campaign Finance
Policy: Recent Developments and Issues for Congress, by
Provisions throughout the bill generally apply to federal
R. Sam Garrett
elections. Therefore, if H.R. 1 were enacted, states could
choose not to adopt such federal requirements for state and
CRS Report R44974, Ethics Pledges and Other Executive
local elections. States and localities might nonetheless
Branch Appointee Restrictions Since 1993: Historical
determine that it is impractical to maintain differing federal
Perspective, Current Practices, and Options for Change, by
and nonfederal processes for election administration and
Jacob R. Straus
election security.
CRS Report R45302, Federal Role in U.S. Campaigns and
Voter Registration
Elections: An Overview, by R. Sam Garrett
Voter registration provisions in H.R. 1 would create several
CRS Report R45320, Campaign Finance Law: An Analysis
requirements for states regarding how individuals can
of Key Issues, Recent Developments, and Constitutional
register to vote or update their registration information for
Considerations for Legislation, by L. Paige Whitaker
federal elections, including (1) online voter registration
applications; (2) same-day voter registration on Election
CRS Report R46146, Campaign and Election Security
Day and during early voting; and (3) automatic voter
Policy: Overview and Recent Developments for Congress,
registration through the use of contributing agency
coordinated by R. Sam Garrett
records. H.R. 1 also contains additional criteria for states
regarding voter registration database maintenance and
CRS Report R46406, Voter Registration: Recent
security. Most of this language would amend the National
Developments and Issues for Congress, by Sarah J. Eckman
Voter Registration Act (NVRA) or HAVA. States would
remain responsible for registration under these provisions;
CRS Report R46565, Federal Election Results: Frequently
some provisions could substantially affect the ways in
Ask ed Questions, by Sarah J. Eckman, R. Sam Garrett, and
which they do so.
Karen L. Shanton
Ethics and Lobbying
CRS Report R46646, Election Administration: Federal
Ethics provisions in H.R. 1 generally would amend current
Grant Funding for States and Localities, by Karen L.
conflict of interest, revolving door, and financial disclosure
Shanton
requirements and administration. Major provisions would
CRS Report RL34377, Lobbying Registration and
(1) reauthorize the Office of Government Ethics (OGE),
Disclosure: The Role of the Clerk of the House and the
provide it investigative authority, and formalize its role in
Secretary of the Senate, by Jacob R. Straus
approving agency conflict of interest mitigation efforts; (2)
require the issuance of a code of conduct for justices and
R. Sam Garrett, Coordinator, Specialist in American
judges; (3) address presidential and vice presidential
conflict of interest and financial disclosure and presidential
National Government
transition team ethics; (4) codify executive order ethics
Sarah J. Eckman, Analyst in American National
pledge provisions and extend revolving door restrictions for
Government
executive branch personnel; and (5) amend the
Karen L. Shanton, Analyst in American National
Congressional Accountability Act (CAA) and House rules
Government
to address aspects of congressional ethics.
Jacob R. Straus, Specialist on the Congress
IF11097
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H.R. 1: Overview and Related CRS Products


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https://crsreports.congress.gov | IF11097 · VERSION 4 · UPDATED

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