The Federal Election Commission: Overview and Selected Issues for Congress

Summary

More than 40 years ago, Congress created the Federal Election Commission (FEC) to administer the Federal Election Campaign Act (FECA) and related amendments. Today, the FEC is responsible for administering disclosure of millions of campaign finance transactions; interpretation and civil enforcement of FECA and agency regulations; and administering the presidential public financing program.

Six presidentially appointed commissioners, who are subject to Senate advice and consent, head the FEC. No more than three members may be affiliated with the same political party. Congress arrived at this bipartisan, even-numbered structure amid debate over how to properly insulate the campaign finance agency from political pressures. Although this structure ensures that commissioners must reach bipartisan agreement to make most decisions, it has not saved the agency from bipartisan criticism. Throughout its history, critics have alleged that the FEC fails to adequately regulate campaign finance activity or does so too stringently.

Discussion of what the commission does, why it does so, and how is less common. This report provides selected information about the FEC’s history and ongoing issues that are likely to be of interest to Congress for appropriations, legislative, or oversight activities. The discussion is organized around those factors that most actively shape the FEC: its structure and commission appointments; organizational issues; and debate over campaign finance policy. These selected topics represent both ongoing and recent areas of congressional activity. CRS Report R44319, The Federal Election Commission: Enforcement Process and Selected Issues for Congress, by R. Sam Garrett provides additional information about the FEC’s enforcement process—a topic that is related to some of the issues discussed in this report but also distinct from the organizational and administrative themes considered here.

As the FEC heads toward a half-century of regulating campaigns, perhaps the most fundamental question facing Congress and the commission is what the agency’s mission should be today and in the future. As Congress monitors the FEC, it perhaps faces a choice similar to that facing the agency itself: whether to focus on major change—if any—or to emphasize managing routine business. Recent Congresses have engaged in oversight activities surrounding the FEC’s enforcement practices and agency transparency. For more than 20 years, Congress occasionally has considered legislation to restructure the agency, particularly to change the number of commissioners, thereby reducing possibilities for deadlocked votes. H.R. 2931 in the 114th Congress is the latest such proposal.

This report will be updated occasionally as events warrant.