H.R. 1 and S. 1: Overview and Related CRS Products

H.R. 1 and S. 1: Overview and Related CRS Products

Updated May 17, 2021
H.R. 1 and S. 1: Overview and Related CRS Products
Brief Overview
create new federal requirements or roles. In others, the bills
H.R. 1 and S. 1, the For the People Act, propose major
propose to amend existing ones. A brief discussion of major
amendments to federal law governing campaign finance
provisions appears below.
and elections. The bills’ provisions, unless otherwise noted,
would affect federal elections, although states would be
Campaign Finance
responsible for implementing some provisions. The
Campaign finance provisions in the legislation would
legislation also proposes amendments to federal ethics and
substantially amend the Federal Election Campaign Act
lobbying statutes. It generally proposes additional
(FECA) and related statutes. Major provisions would (1)
disclosure requirements, regulation, or both in each policy
require additional disclosure of campaign-related
area it addresses. It would authorize federal funding for
fundraising and spending, including by some entities that
some activities. This CRS In Focus highlights major
do not currently typically report to the Federal Election
provisions in the bills and lists selected CRS products that
Commission (FEC); (2) establish a voluntary public
provide related information. It does not address legal or
financing system for U.S. House and Senate campaigns
constitutional issues.
(addressed separately in H.R. 1 and S. 1, respectively); (3)
substantially revise the current presidential public financing
Recent Congressional Activity
system; (4) require additional disclaimers surrounding
The House passed an amended version of H.R. 1 on March
certain political advertising, and restrict coordination
3, 2021. In the Senate, the Rules and Administration
between campaigns and other organizations; and (5)
Committee held a hearing on S. 1 on March 24, 2021. On
restructure the FEC. The bills also would clarify and extend
May 11, 2021, the Senate Rules and Administration
existing FECA prohibitions on foreign interference in U.S.
Committee held a markup of S. 1. Although the committee
campaigns and elections, and require related reporting.
adopted some proposed amendments, it declined, via 9-9
votes, to approve most. On the final vote to report S. 1 with
Many of the disclosure provisions are adapted from the
amendments, the committee again tied 9-9, thus declining
DISCLOSE Act proposal, introduced regularly since the
to recommend that the Senate take further action on the bill
Supreme Court’s 2010 Citizens United ruling, which
and the committee-approved amendments. Additional
permitted corporate and union independent spending to
legislative activity is possible. This CRS product
elect or defeat electoral candidates. If enacted, the proposed
summarizes the introduced version of S. 1 and House-
House and Senate public financing programs would be the
passed version of H.R. 1.
first of their kind at the federal level. FEC membership and
enforcement procedures would be substantially altered.
Notable changes in the 117th Congress versions of H.R. 1
(as passed and as introduced) and S. 1 compared with the
Congressional Redistricting
116th Congress version of H.R. 1 (and companion measure
H.R. 1 and S. 1 would require states to establish
S. 949) include additional provisions addressing (1)
independent redistricting commissions that meet specified
congressional findings justifying the legislation and its
requirements regarding commission membership,
constitutionality; (2) early and mail voting, polling place
procedures, and criteria for redistricting plans for U.S.
operations, and emergency contingency planning; and (3)
House elections.
foreign interference in U.S. campaigns and elections.
The federal requirements the bills propose would mark a
H.R. 1 and S. 1 are among the broadest legislative
major change in U.S. House redistricting. Currently, the
proposals addressing campaign finance, elections, ethics,
federal government plays a limited role in congressional
and lobbying introduced in recent decades. The bills are
redistricting, primarily by, for example, enforcing relevant
both similar to and different from other recent legislation on
portions of the Voting Rights Act (VRA). If the legislation
these topics. Specifically, several titles or subtitles in H.R. 1
were enacted, states would retain responsibility for the
and S. 1 were introduced as stand-alone bills in previous
redistricting process, but federal law would substantially
Congresses or the current one. The 117th Congress
affect how they do so.
legislation contains three divisions concerning elections and
voting (A); campaign finance (B); and ethics and lobbying
Election Administration and Security
(C).
Major election administration provisions would (1) require
states to adopt certain policies, such as using paper ballots,
Highlights of Major Provisions
offering early and no-excuse mail voting, accepting sworn
If enacted, the For the People Act could substantially affect
written statements to satisfy voter identification
campaigns, elections, ethics, and lobbying in the United
requirements, and establishing contingency plans for
States. In each of those areas, some parts of the bills would
conducting elections during certain emergencies; and (2)
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H.R. 1 and S. 1: Overview and Related CRS Products
authorize or reauthorize election administration grant
Lobbying provisions would amend the Foreign Agents
programs, including for absentee ballot tracking programs,
Registration Act (FARA) to provide dedicated investigative
voting and registration access for individuals with
and enforcement authority to the Department of Justice,
disabilities, and poll worker recruitment and training.
establish civil penalties, and require the disclosure of
foreign gifts. The legislation also would amend the
Major election security provisions would (1) authorize
Lobbying Disclosure Act (LDA) to revise the definition of
funding to replace voting systems and improve voting
lobbying activities and lobbying contact to include
system security, implement risk-limiting audits, and
legislative, political, and strategic counseling services in
research election infrastructure improvements; (2) codify
support of lobbying.
the designation of election infrastructure as critical
infrastructure; and (3) direct or authorize federal agencies to
The legislation’s ethics and lobbying provisions have some
conduct activities related to election security, including
overlap with its campaign finance provisions, but are
analyzing the effects of risk-limiting audits, providing
regulated by separate federal statutes. In addition to
election officials with security-related information and
expanded disclosure requirements, the bills would broaden
assistance, establishing an election security bug bounty
the kinds of activities, and perhaps the people, subject to
program, and issuing election cybersecurity guidelines and
ethics or lobbying statutes.
a national strategy to protect democratic institutions. The
bills also would revise certain criminal provisions
Selected CRS Products
concerning electoral participation and voter information.
Several written products, some of which are listed below,
Many of these provisions would amend the Help America
provide additional analysis of related topics. In addition,
Vote Act (HAVA) or the Homeland Security Act (HSA).
congressional requesters may contact the authors of this In
Focus for a summary of recent versions of H.R. 1 and S. 1.
Provisions throughout the bills generally apply to federal
elections. Therefore, if the legislation were enacted, states
CRS Report R41542, The State of Campaign Finance
could choose not to adopt such federal requirements for
Policy: Recent Developments and Issues for Congress, by
state and local elections. States and localities might
R. Sam Garrett
nonetheless determine that it is impractical to maintain
differing federal and nonfederal processes for election
CRS Report R44974, Ethics Pledges and Other Executive
administration and election security.
Branch Appointee Restrictions Since 1993: Historical
Perspective, Current Practices, and Options for Change, by
Voter Registration
Jacob R. Straus
Voter registration provisions would create several
requirements for states regarding how individuals can
CRS Report R45302, Federal Role in U.S. Campaigns and
register to vote or update their registration information for
Elections: An Overview, by R. Sam Garrett
federal elections, including (1) online voter registration
CRS Report R45320, Campaign Finance Law: An Analysis
applications; (2) same-day voter registration on Election
of Key Issues, Recent Developments, and Constitutional
Day and during early voting; and (3) automatic voter
Considerations for Legislation, by L. Paige Whitaker
registration through the use of contributing agency
records. The legislation also contains additional criteria for
CRS Report R46146, Campaign and Election Security
states regarding voter registration database maintenance and
Policy: Overview and Recent Developments for Congress,
security. Most of this language would amend the National
coordinated by R. Sam Garrett
Voter Registration Act (NVRA) or HAVA. States would
remain responsible for registration under these provisions;
CRS Report R46406, Voter Registration: Recent
some provisions could substantially affect the ways in
Developments and Issues for Congress, by Sarah J. Eckman
which they do so.
CRS Report R46565, Federal Election Results: Frequently
Ethics and Lobbying
Asked Questions, by Sarah J. Eckman, R. Sam Garrett, and
Ethics provisions generally would amend current conflict of
Karen L. Shanton
interest, revolving door, and financial disclosure
requirements and administration. Major provisions would
CRS Report R46646, Election Administration: Federal
(1) reauthorize the Office of Government Ethics (OGE),
Grant Funding for States and Localities, by Karen L.
provide it investigative authority, and formalize its role in
Shanton
approving agency conflict of interest mitigation efforts; (2)
CRS Report RL34377, Lobbying Registration and
require the issuance of a code of conduct for federal
Disclosure: The Role of the Clerk of the House and the
Justices and judges; (3) address presidential and vice
Secretary of the Senate, by Jacob R. Straus
presidential conflict of interest and financial disclosure and
presidential transition team ethics; (4) codify executive
order ethics pledge provisions and extend revolving door
R. Sam Garrett, Coordinator, Specialist in American
restrictions for executive branch personnel; and (5) amend
National Government
the Congressional Accountability Act (CAA) and House
Sarah J. Eckman, Analyst in American National
rules to address aspects of congressional ethics.
Government
Karen L. Shanton, Analyst in American National
Government
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H.R. 1 and S. 1: Overview and Related CRS Products

IF11097
Jacob R. Straus, Specialist on the Congress

Disclaimer
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