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Congressional Hesetrn~h


Updated February 26, 2021


H.R.1: Overview and Related CRS Products


Brief  Overview
H.R. 1 proposes major amendments to federal law
governing campaign finance and elections. The bill's
provisions, unless otherwise noted, would affect federal
elections, although states would be responsible for
implementing some provisions. H.R. 1 also proposes
amendments  to federal ethics and lobbying statutes. The bill
generally proposes additional disclosure requirements,
regulation, orboth in each policy area it addresses. It would
authorize federal funding for some activities. This CRS In
Focus highlights major provis ions in the bill and lists
selected CRS products thatproviderelated information. It
does notaddress legalor constitutional issues.

H.R.   i and   Recent   Congressional Activity
Representative Sarbanes introduced H.R. 1 on January 4,
2021. The 116th Congress considered a previous version of
H.R. 1. The House passed the 116thCongress versionofthe
bill (234-193) on March 8, 2019. Senate companion
measure S. 949 (Udall) did not advance beyond committee
referral.

The version of the billintroduced in the 117th Congres s
generally is similar to the one the House passed during the
116th Congress. Notable changes in the 117thCongress
version of the billinclude additionalprovisions addressing
(1) congressionalfmdingsjustifying the legislation andits
constitutionality; (2) early and mail voting, polling place
operations, and emergency contingency planning; and (3)
foreign interference in U.S. campaigns andelections.

H.R. 1 is one of the broadestlegislative proposals
addressing campaign finance, elections, ethics, and
lobbying introducedin recent decades. The billis both
similar to and different fromotherrecent legislationon
these topics. Specifically, several titles or subtitles in H.R. 1
were introduced as stand-alone bills in previous Congresses
or the current one. In those cases, H.R. 1 text typically is
the same as in other legis lation or is slightly altered. H.R 1
is, however, broader than most such legis lation. The bill as
introduced is 791 pages long andcontains three divisions
concerning elections and voting (A); campaignfmance (B);
and ethics and lobbying (C).

H.R. 1 was referred to 11 House committees. The
Committee  on House Administration is the primary
committee ofjuris diction. The bill also was referred to
Armed  Services; Education and Labor; Ethics; Financial
Services; Homeland Security; Intelligence; Judiciary;
Oversight and Reform; Science, Space, and Technology;
and Ways  andMeans.


Highlights of Major Provisions
If enacted, H.R. 1 could substantially affect campaigns,
elections, ethics, and lobbying in the United States. In each
of those areas, some parts of the bill would create new
federal requirements or roles. In others, the billproposes to
amend  existing ones. A brief discussion ofthe bill's major
provisions appears below.

Campaign Finance
Campaign  finance provisions in H.R 1 would substantially
amend  the Federal Election Campaign Act (FECA) and
related statutes. Majorprovisions would (1) require
additional dis closure ofcamp aign-related fundraising and
spending, including by some entities that do not currently
typically report to the Federal Election Commission (FEC);
(2) establish a voluntary public financing systemfor U.S.
House  campaigns; (3) substantially revise thecurrent
presidential public financing system; (4) require additional
dis claimers surrounding certain political advertising, and
restrict coordinationbetweencampaigns and other
organizations; and (5) restructure the FEC. The bill also
would clarify and extend existing FECA prohibitions on
foreign interference in U.S. campaigns and elections, and
require related reporting.

Many  of the disclosure provisions are adapted fromthe
DISCLOSE   Act proposal, introduced regularly since the
Supreme  Court's 2010 Citizens United ruling, which
permitted corporate and union independent spending to
elect or defeat electoral candidates. Ifenacted, theproposed
House  public financing programwould be the first ofits
kind at the federallevel. FEC membership and enforcement
procedures would be substantially altered.

Congressional   Redistricting
H.R. 1 would require states to establish independent
redistricting commissions that meet specified requirements
regarding commis sion membership, procedures, and criteria
for redistricting plans for U.S. House elections.

The federal requirements that H.R. 1 proposes would mark
a major changein U.S. House redistricting. Currently, the
federal government plays a limited role in congressional
redistricting, primarily by, for example, enforcing relevant
portions of the Voting Rights Act (VRA). If the bill were
enacted, states would retain responsibility for the
redistricting process, but federallaw would s ubstantially
affect how they do so.

Election  Administration  and  Security
Major election administration provisions would (1) require
states to adopt certain policies, such as using paper ballots,
offering early and no-excusemail voting, accepting sworn
written statements to satisfy voter identification (ID)


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