Management and 

Performance Challenges 

Facing the FEC for FY 2022

October 26, 2021
1050 First Street NE Washington, DC 20463 | www.fec.gov/oig

MEMORANDUM

TO: The Commission

FROM: Christopher Skinner

SUBJECT: Inspector General (IG) Statement Summarizing the Management and 

Performance Challenges Facing the Federal Election Commission (FEC) for 

FY 2022

DATE: November 9, 2021 

In accordance with the Reports Consolidation Act of 2000, the Federal Election Commission

(i.e., the “FEC” or “Commission”) Office of Inspector General (OIG) identifies the most 

serious management and performance challenges facing the Commission and provides a brief 

assessment of the Commission’s progress in addressing those challenges.1 By statute this 

report is required to be included in the FEC’s Agency Financial Report. 

The Government Performance and Results Modernization Act of 2010 defines major

management challenges as programs or management functions that are vulnerable to waste,

fraud, abuse and mismanagement and where a failure to perform well could seriously affect 

the ability of the FEC to achieve its mission objectives. Each challenge is related to the 

FEC’s mission and reflects continuing vulnerabilities and emerging issues. The FEC OIG 

identified the top management and performance challenges facing the Commission as the 

following:

1. Growth of campaign spending 

2. Identifying and regulating unlawful foreign contributions

3. Coronavirus (COVID-19) pandemic 

4. Senior leadership salary structure

5. Cybersecurity

Further attention to the management challenges identified in this report will improve the 

Commission’s ability to execute its mission. The FEC OIG encourages the Commission to 

continue to focus on addressing the management challenges discussed herein. We hope that 

1 The Reports Consolidation Act of 2000 permits agency comment on the IG’s statements. Accordingly, we 

provided senior management a draft of our statement for comment on October 26, 2021. 
FEC OIG 2022-11-014

this report, accompanied by the oversight work we perform throughout the year, assists the 

Commission in its efforts to improve the effectiveness and efficiency of its programs and 

operations. 

We appreciate the Commission’s collaboration throughout the year in addressing the 

management challenges process. Please contact me if you have any concerns regarding the 

identified challenges.

cc: Alec Palmer, Staff Director and Chief Information Officer

John Quinlan, Chief Financial Officer 

Lisa Stevenson, Acting General Counsel
Table of Contents

Introduction and Approach............................................................................................................................ 1 

Management and Performance Challenge: Growth of campaign spending .................................................. 2 

Management and Performance Challenge: Identifying and regulating unlawful foreign contributions...... 4 

Management and Performance Challenge: COVID-19 pandemic ................................................................ 5 

Management and Performance Challenge: Senior leadership salary structure ............................................. 6 

Management and Performance Challenge: Cybersecurity ............................................................................ 7 

FY 2021 Management Challenges not Included in FY 2022 Report ............................................................ 8 

Appendix: Hotline Poster.............................................................................................................................9

Appendix: Management Response..............................................................................................................10
Management and Performance Challenges Facing the FEC in FY 2022 1 

Introduction and Approach

Why do we publish this report?

In accordance with the Reports Consolidation Act of 2000, the Federal Election Commission 

(i.e., the “FEC” or “Commission”) Office of Inspector General (OIG) identifies the most serious 

management and performance challenges facing the Commission and provides a brief 

assessment of the Commission’s progress in addressing those challenges. By statute this report 

is required to be included in the FEC’s Agency Financial Report. 

What are management challenges?

The Government Performance and Results Modernization Act of 2010 identifies major 

management challenges as programs or management functions that are vulnerable to waste, 

fraud, abuse and mismanagement and where a failure to perform well could seriously affect the 

ability of the FEC to achieve its mission objectives. Each challenge area is related to the FEC’s 

mission and reflects continuing vulnerabilities and emerging issues. The FEC OIG identified the 

top management and performance challenges facing the Commission as the following: 

• Growth of campaign spending 

• Identifying and regulating unlawful foreign contributions 

• Coronavirus (COVID-19) pandemic 

• Senior leadership salary structure

• Cybersecurity

How did we identify these challenges?

We identified the Commission’s major management and performance challenges by recognizing 

and assessing key themes from OIG audits, special reviews, hotline complaints, investigations, 

and an internal risk assessment, as well as reports published by external oversight bodies, such as 

the Office of Personnel Management (OPM) and the Government Accountability Office (GAO). 

Additionally, we reviewed previous management challenge reports to determine if those 

challenges remain significant for this submission. Finally, we considered publicly available 

information and internal Commission records. As a result, we identified five key management 

and performance challenges, which are detailed herein. 
Management and Performance Challenges Facing the FEC in FY 2022 2

Management and Performance Challenge: Growth of campaign spending 

The FEC was established nearly fifty years ago to provide oversight of federal campaign 

finance. Since then, federal campaign fundraising and spending have increased dramatically, 

particularly after the U.S. Supreme Court’s decision in Citizens United v. FEC in 2010. Indeed, 

total spending on federal election campaigns has increased from $1.6 billion in 1998 to 

approximately $14.5 billion in the 2020 election cycle. 

Figure: Total expenditures per election cycle reported to the FEC by all filers. The totals in this figure 

represent aggregate expenditures by all filers, including campaigns, party committees, and political 

action committees (PACs), obtained from FEC filings.

The total number of transactions subject to FEC regulation and oversight have also dramatically

increased, especially in recent years. Transactions include mandatory filings and consist of financial 

reports filed with the FEC and include summary financial information and itemized details of receipts 

(including contributions), disbursements (including expenditures) and other financial activity. 

Indeed, as detailed further in the figure below: 

• Between 1980 and 2002, the total number of transactions subject to FEC regulation and 

oversight increased from approximately 602,000 to nearly three million per election cycle. 

• In the 2018 election cycle, the FEC handled nearly 270 million transactions.

• That number exceed 616 million transactions in the 2020 election cycle.

$0 

$2 

$4 

$6 

$8 

$10 

$12 

$14 

$16 

1998 2000 2002 2004 2006 2008 2010 2012 2014 2016 2018 2020

BILLIONS

Annual U.S. Election Spending
Management and Performance Challenges Facing the FEC in FY 2022 3 

FEC Total Transactions (1980 - 2002)

3.0M

0.0M

0.5M

1.0M

1.5M

2.0M

2.5M

3.0M

3.5M

1980 1982 1984 1986 1988 1990 1992 1994 1996 1998 2000 2002

1980 - 2002

Between 1980 and 2002, the total 

number of transactions subject to FEC 

regulation and oversight increased 

from approximately 602,000 to nearly 

three million per election cycle. 

3M

616 M

0 M

100 M

200 M

300 M

400 M

500 M

600 M

700 M

2002 2004 2006 2008 2010 2012 2014 2016 2018 2020

Continued: 2002 - 2020

Actual Projection

By 2018, the FEC handled nearly 

270 million transactions in that 

cycle and that number exceeded 

616 million in the 2020 cycle. 
Despite dramatic increases in campaign expenditures and the number of transactions subject 

to FEC regulation and oversight, the Commission’s budget has remained largely static and has 

even faced recent reductions. Indeed, since 2008, the FEC’s budget has increased by an average 

of only 0.61% per year. Those increases have not kept up with inflation, which has averaged 

approximately 1.8% per year since 2008. 

FEC Annual Appropriations: 2008 - 2021 

MILLIONS 

$100 

$90 

$80 

$70 

$60 

$50 

$40 

$30 

$20 

$10 

$0 

2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 

Figure: Annual congressional budget appropriations to the FEC, as reported in Congressional budget 

justifications. 

In addition, the nature of federal campaigns has evolved in recent years. Online fundraising, 

the influence of dark money, and potential foreign electoral influence will continue to place 

further strain on the FEC’s ability to provide oversight of federal campaigns. As such, absent 

additional resources, the FEC faces challenges in successfully regulating campaign finance with 

its current funding. 

Management and Performance Challenge: Identifying and 

regulating unlawful foreign contributions 

Identifying and regulating unlawful foreign campaign contributions pose a significant 

challenge to the FEC. As campaign expenditures and the number of transactions subject to FEC 

regulation and oversight increase, potential contributions by foreign nationals also increase, 

which demands greater scrutiny by agency regulators. However, a recent OIG report found that 

the FEC’s practice of relying on filers’ self-certifications concerning potential foreign 

contributions poses a national security risk and provides insufficient oversight of possible illegal 

foreign donations. Indeed, numerous recent cases highlight the risk of unlawful foreign 

influence in U.S. elections. 

Management and Performance Challenges Facing the FEC in FY 2022 4 
The Federal Election Campaign Act of 1971, related statutes and implementing regulations 

prohibit direct and indirect contributions to candidates, political committees, and inaugural 

committees by foreign nationals. As noted above, campaign expenditures and transactions 

subject to FEC regulation and oversight have dramatically increased in recent years. However, 

as previously noted, the FEC’s budget has remained static, if not reduced, over the same period. 

Since 2008, the FEC’s budget has increased by an average of only 0.61% per year. The 

increased demand on the agency without additional funding to provide resources to the FEC 

poses a challenge for the agency to identify and regulate unlawful foreign contributions. 

Moreover, recent cases demonstrate that the risk of foreign electoral influence is real and not 

hypothetical. For example, a matter that came before the Commission in 2016 and was decided 

in October 2021 involved a consultant for a super PAC that supported a presidential candidate. 

The consultant allegedly solicited a $2 million contribution from representatives of a foreign 

national. The Commission ultimately reached a settlement with the super PAC. Numerous other 

reported cases further illustrate the risk. 

Notwithstanding these risks, a recent investigative report by the OIG found that the FEC’s 

current practices provide limited oversight of potential foreign contributions. Specifically, the 

OIG investigation found that the FEC identifies many potential foreign national donations based 

on the reported addresses of donors, but generally defers to a committee’s self-certification that it 

verified the U.S. citizenship of those donors. However, that practice does not appear to be 

memorialized in policy and relies heavily on the good faith and due diligence of filers. 

Accordingly, the OIG recently recommended that the FEC update and memorialize its 

practice concerning donors with foreign addresses to identify unlawful foreign donations more 

effectively. However, we recognize that the FEC’s resources are significantly constrained as 

detailed above. As such, identifying and regulating foreign contributions will likely continue to 

challenge the FEC. 

Management and Performance Challenge: COVID-19 pandemic 

The ongoing COVID-19 pandemic poses many management and performance challenges to 

the Commission. Most notably, it has forced the FEC, and many other agencies, to operate in a 

remote status since March 2020. Fortunately, much of the Commission’s business is being 

accomplished remotely. 

Recently, the President signed Executive Order 14043 on September 9, 2021, requiring 

executive branch federal employees to become fully vaccinated by November 22, 2021, unless 

they are eligible for a legal exception due to a medical condition or because of a sincerely held 

religious belief. In addition, employees must provide documentation of their vaccination or in 

support of their requested legal exception. 

Uncertainty remains regarding how the post-pandemic work environment will look for the 

FEC. Concerns include potential employee turnover once the FEC removes the evacuation order 

and returns to the office. Hybrid work and flexibility appear to be permanent expectations for the 

new workplace. However, as federal office returns accelerate, some employees may want to 

pursue different options. Employees may seek other remote employment options, resign, or 

Management and Performance Challenges Facing the FEC in FY 2022 5 
retire, if eligible. Accordingly, the transition back to the office may result in significant 

employee turnover which could directly impact the agency’s human capital resources. 

Management was forced to react to the COVID-19 pandemic and as a result, established a 

COVID management team to address and act on pandemic-related concerns and resulting 

legislation. A few of those actions include but are not limited to: 

• Establishing flexible work schedules and waiving core working hour requirements 

• Purchasing and implementing video communication tools 

• Providing video conferencing trainings and telework security best practice tips 

• Communicating a weekly compilation of guidance and information to assist FEC staff 

while the agency is under mandatory telework 

• Establishing a Phased re-opening quick reference guide and training for FEC staff 

members which includes a self-check for COVID form, FEC contact tracing log, and 

protective personal equipment for staff members entering the office 

• Mandating face masks in common areas, limiting the number of people in the 

building, and establishing enhanced cleaning protocols 

• Tracking the operating status of approximately 25 public school districts in DC, 

Maryland, and Virginia 

• Requiring employees to complete a vaccination certification form and provide proof 

of vaccination by October 22, 2021 

• Authorizing a short-term 60-day extension of the agency’s evacuation order which 

was scheduled to expire on September 12, 2021 

We identify this as a continued challenge facing the Commission in FY 2022 due to the 

volatility of the situation and encourage the agency to be proactive in its response strategy in 

FY 2022 to mitigate potential impacts to personnel and mission requirements. 

Management and Performance Challenge: Senior leadership salary structure 

Currently, the senior leadership roles of the Staff Director and CIO are occupied by the same 

individual and have been since August 2011. Information technology is ever-evolving, which 

affects all government agencies and without a fully dedicated CIO to focus on technological 

issues to ensure resources are properly allocated and adequate processes are in place for the 

protection and safeguards of the agency, the agency will remain at risk. 

Similarly, the Deputy General Counsel for Law is concurrently serving as the Acting General 

Counsel and has been doing so since September 2016. This has potential to put the agency at 

risk and inhibit the agency to effectively and efficiently meet its mission requirements, as robust 

internal dialogue and diversity of opinion are essential to ensuring the agency considers 

competing legal theories and courses of action. 

Management and Performance Challenges Facing the FEC in FY 2022 6 
On April 1, 2019, the Committee on House Administration of the U.S. House of 

Representatives posed a number of questions to the FEC Commissioners about agency 

operations, including if the Commission agreed with concerns that the CIO and Staff Director 

should have a full-time dedicated person for each position. The Commissioners agreed with this 

concern and added that the salary limit placed on the Staff Director by the Federal Election 

Campaign Act of 1971, as amended (FECA) is capped at Level IV of the Executive Schedule. 

This statutory requirement provides that the Staff Director supervises personnel at the GS-15 and 

Senior Level pay scales, whom often have higher salaries than the Staff Director. Once the 

Commission promoted the CIO to the Staff Director, the Commission allowed him to continue to 

serve as the CIO and be compensated at that level rather than take a pay cut. 

The Committee on House Administration of the U.S. House of Representatives similarly 

inquired as to why the position of General Counsel had not been permanently filled. In response, 

the Commission identified that the FECA requires the General Counsel to be paid at Level V of 

the Executive Schedule and that this limitation can make it difficult to attract and retain good 

talent. Similar to the Staff Director position, the General Counsel supervises personnel at the 

GS-15 and Senior Level pay scales, which often provide higher salaries than level V of the 

Executive Schedule. 

Management previously reported that the Commission adopted legislative recommendations 

in 2018, 2017, 2016, 2015, 2014, 2013 and 2011 that urged Congress to remove the statutory 

references to the Executive Schedule in FECA with respect to the FEC Staff Director and 

General Counsel Positions. The removal of that reference would ensure the two positions be 

compensated under the same schedule as the Commission’s other senior managers. 

As of September 30, 2021, the agency is actively recruiting for the General Counsel position. 

The FEC posted an announcement on USA Jobs with an opening application date of 

September 30, 2021 and a closing date of October 22, 2021. 

Filling the CIO and General Counsel Positions with full-time incumbents would help ensure 

the FEC is effectively and efficiently supporting its overall mission objectives. Assigning acting 

personnel to two essential leadership positions is not a viable long-term solution. Based on the 

foregoing, we encourage the agency to hire or appoint someone to carry out the agency CIO and 

General Counsel duties on a full-time basis. 

Management and Performance Challenge: Cybersecurity 

Protecting data, systems, and networks from threats remains a top challenge. The FEC was 

established to protect the integrity of federal campaign finance by providing transparency and 

enforcing and administering federal campaign finance laws. In doing so, the FEC discloses 

campaign finance data to the public and as a result, encounters large volumes of webpage traffic 

from stakeholders and members of the public. In efforts to streamline transparency initiatives 

and improve business processes, the Commission is more technology reliant today, as is society; 

as such, it is imperative that the Commission continue to prioritize cybersecurity. 

Cybersecurity encompasses attempts from criminals and adversaries to obtain sensitive 

information linked to government networks, personal identifiable information, intellectual 

Management and Performance Challenges Facing the FEC in FY 2022 7 
 

 

property and other sensitive data. Cyber threats may arise from phishing, ransomware or other 

malware attacks and can infiltrate any level within an organization. 

Since October 2020, the Commission engaged with the Department of Homeland Security 

(DHS) to improve its overall security posture: The Cybersecurity and Infrastructure Security 

Agency, an operational component under DHS, conducted a Remote Penetration Test on the 

FEC website. 

It is essential that the Commission continue to maintain the integrity and availability of its 

information as it looks to modernize its systems, which include moving towards a cloud 

environment. In large part, the agency has been reactive to cybersecurity concerns and we 

encourage the Commission to be proactive in establishing a cybersecurity framework and 

strengthen internal controls to mitigate external threats from entering the FEC’s network. 

Conclusion 

The OIG presents these challenges as ongoing issues facing the FEC in FY 2022. The 

challenges serve as impending barriers to promote efficiency and effectiveness in the 

management of FEC operations and procedures. The OIG remains dedicated to independent 

oversight to ensure accountability of the mission of the FEC. 

FY 2021 Management Challenges Not Included in FY 2022 Report 

Management Challenge: Lack of quorum 

A significant management and performance challenge in FY 2021 resulted from the 

resignation of a commissioner, which left the FEC without a four-member quorum. The 

Commission is required to be composed of six commissioners, appointed by the President, with 

no more than three members affiliated with the same political party.1 Furthermore, 52 U.S.C. § 

30106 requires the affirmative vote of four members to act on certain matters. 

The Commission regained its quorum on December 9, 2020, when the U.S. Senate confirmed 

three nominees to the FEC, restoring the agency’s ability to conduct official business, and 

bringing the panel to its full slate of six commissioners for the first time since 2017. 

Accordingly, that resolved this management and performance challenge. 

1 See 52 U.S.C. § 30106. 

Management and Performance Challenges Facing the FEC in FY 2022 8 
 

Appendix: Hotline Poster 
Management’s Response to the Office of Inspector General’s Statement on the 

Federal Election Commission’s Management and Performance Challenges1 

November 8, 2021 

In its Statement on the FEC’s Management and Performance Challenges (“Statement”), the 

Office of the Inspector General (“OIG”) identified five overarching management and 

performance challenges for inclusion in the FEC’s Agency Financial Report for Fiscal Year 

2021. Management’s response to the OIG’s Statement is below. 

Challenge 1: Growth of Campaign Spending 

As illustrated in the OIG’s description of this management challenge, increases in the amount of 

money raised and spent in federal elections, and changes in the way political committees raise and 

report contributions, have resulted in explosive growth in the number of campaign finance 

transactions reported to the FEC each election cycle. Each of these transactions represents a data 

element that must be received by the FEC, added to our database and disclosed and made 

searchable on the FEC website and via the FEC campaign finance API. 

The FEC receives campaign finance reports, statements and other disclosure documents from more 

than 16,000 political committees and other filers. During the 2020 election cycle, these filers 

reported more than 600 million financial transactions, which were reviewed by FEC staff and 

disclosed to the public on the FEC’s website. This is more than double the number of transactions 

reported in the previous election cycle, and a nearly 400% increase compared to 2016, the last 

presidential election cycle. 

Aside from the substantial increase in the number of transactions reported to the FEC, the FEC 

website’s Application Programming Interface (API), which permits users to customize data 

searches making vast quantities of campaign finance data readily available, received over 407 

million hits during the 2020 election cycle. With the steep rise in transactions reported every 

election cycle comes a heavier burden on the FEC’s API to quickly search across the FEC’s 

campaign finance database and display the data requested by the public. 

In large part in response to projected increases in campaign finance activity, in FY 2015 the FEC 

proactively launched a comprehensive, multi-year IT Modernization project. Since this project was 

launched, the Commission has requested and received as part of its annual budget funds to support 

this crucial effort. As part of the IT Modernization project, the FEC redesigned its website and 

migrated both the website and the campaign finance database that supports it to a cloud 

environment. In addition to providing faster and easier access to campaign finance data hosted in 

the cloud, this migration allowed the agency to shut down one of its physical data centers during 

FY 2018, realizing attendant costs associated with maintaining that data center. During FY 2020 

and 2021, the FEC made additional database enhancements to improve database performance and 

control costs of hosting and maintaining the database. 

1 Management consists of the agency’s senior managers, including the Staff Director, General Counsel 

and Chief Financial Officer. 
To continue to mitigate an anticipated steep rise in future costs from maintaining physical 

datacenters, the FEC is pursuing an IT modernization plan which requires investment now and 

over the next several years to continue cloud migration and realize improvements in its IT 

processes. During 2020, the FEC conducted a study to determine how best to migrate other 

appropriate systems and databases to the cloud, allowing the agency to realize greater efficiency 

and performance in future years. As of November 2021, the FEC has migrated databases and 

several legacy applications to the cloud. The FEC will continue to strive to implement the 

recommendations of this study during FY 2023, with the goal of generating efficiencies in future 

years while maintaining high levels of service to the public. Migrating these legacy applications 

from physical datacenters to a cloud environment will slow the rising costs for hosting these 

applications and for maintaining legacy systems in the FEC’s physical datacenters over time as the 

volume of our data holdings continues to climb. Although the escalation in the volume of 

transactions means and increase in the cost for cloud hosting, the cost of maintaining outdated 

legacy systems that are not built to handle the increasing volume of transactions makes continued 

investment in IT modernization a critical priority. 

In addition, the FEC is currently working to upgrade the agency’s eFiling platform. In FY 2017, 

the Commission published a study of its current eFiling platform, including a survey of the existing 

functionality of the FEC’s free filing software and an in-depth investigation of needs expressed by 

filers. The FEC is relying on the recommendations of this study to improve its eFiling platform to 

allow greater operating system flexibility for users when generating filings for submission to the 

Commission, and to increase the consistency and accuracy of reporting. The FEC’s new eFiling 

platform is expected to improve the process for validating filings prior to acceptance and generate 

modern file outputs that will provide for more flexibility in accessing data. The FEC had expected 

to begin the implementation phase of this project during FY 2020. However, COVID-19 related 

delays in onboarding new staff and contractors subsequently hampered the FEC’s efforts to 

complete the development phase of the eFiling platform during FY 2020. In late FY 2021, we 

awarded a contract to a new vendor to provide an assessment of the previous eFiling platform 

modernization work and to continue development. We now expect to have a working prototype 

during FY 2022, and to begin to begin partial implementation of the new eFiling platform. 

Campaign finance reports filed on paper remain the most costly filings for the FEC because they 

must be manually received and processed by FEC staff. The Commission has also taken steps to 

reduce this burden on the agency. Most notably, in 2000 the Commission began requesting through 

Legislative Recommendations that the Act be amended to make the FEC the point of entry for 

Senate filings. This amendment, which became law in September 2018, had the effect of subjecting 

Senate filers to the FEC’s mandatory electronic filing rules, which require committees to file 

electronically if they receive contributions or make expenditures in excess of $50,000 in a calendar 

year or expect to do so. In 2018 and 2021, the Commission recommended legislative changes to 

require reports of electioneering communications to be filed electronically with the Commission, 

rather than on paper, and to increase and index for inflation certain registration and reporting 

thresholds. If enacted, each of these recommendations would have an effect of further reducing 

the number of paper filings received by the FEC.2 

Challenge 2: Identifying and regulating unlawful foreign contributions 

2 The Commission lacked the necessary quorum of Commissioners to approve Legislative Recommendations in 2019 and 2020. 
Management has undertaken a number of actions over the last several years to prioritize 

enforcement of the foreign national prohibition. Along with cases that are statute-of-limitations 

imperiled when OGC receives them, foreign national prohibition cases are assigned to OGC staff 

attorneys before any other class of cases. OGC has also modified its Status of Enforcement reports 

to the Commission so that the Commission is provided with complete data on every foreign 

national prohibition case on a quarterly basis. Further, OGC has revised its procedures so that it 

may more efficiently track the progress of all foreign national prohibition matters through the 

enforcement process. OGC has also modified its case management software to make it easier to 

run reports for the Commission concerning all foreign national prohibition matters. 

Moreover, requirements for committee actions to prevent the receipt of foreign national, or other 

illegal, contributions are extensive. All committee treasurers are required by regulation to examine 

all contributions received for evidence of illegality. 11 C.F.R. 103.3(b). Contributions that present 

genuine questions as to whether they were made by foreign nationals, such as by coming from a 

foreign address or being drawn on a non-U.S. bank, may be, within ten days of receipt, either 

deposited in the campaign depository or returned to the contributor. If deposited, the treasurer 

shall make his or her best efforts to determine the legality of the contribution, including at least 

one written or oral request for evidence of legality. If the contribution cannot be determined to be 

legal, the treasurer shall refund the contribution within 30 days of receipt. 11 C.F.R. 103.3(b)(1). If 

the treasurer determines that the contribution did not appear to be made by a foreign national, but 

later discovers that it is illegal based on new evidence not available at the time of deposit, the 

treasurer shall refund the contribution within 30 days of discovering the illegality. 11 C.F.R. 

103.3(b)(2). Any contribution which appears to be illegal but is deposited in a campaign 

depository may not be used for any disbursements until the contribution has been determined to 

be legal, and the receiving committee must either establish a separate account for such 

contributions or maintain sufficient funds to make any required refunds. 11 C.F.R. 

103.3(b)(4). The treasurer must keep a written record noting the basis for the appearance of 

illegality of any such contribution, and if a committee’s disclosure report is due while resolution 

of a contribution’s legality is still pending, a statement to that effect must be included in the 

disclosure report. 11 C.F.R. 103.3(b)(5). 

In another document, OIG has suggested additional requirements for disclosure to the Commission 

about suspected foreign national contributions. However, legal and practical concerns block 

immediate implementation of additional requirements for disclosure. Disclosure of additional 

information would very likely require a legislative change, which of course is solely the purview 

of Congress. Specifics as to what must be reported to the Commission as part of disclosure reports 

are exhaustively described in 52 U.S.C. 30104. Moreover, given that all disclosure reports must 

be made available to the public, 52 U.S.C. 30111(a)(4), reporting of information such as 

contributors’ U.S. passport numbers, as suggested elsewhere by OIG, would potentially raise 

serious privacy concerns. 

In its Statement, OIG recounts its recent recommendation that the FEC update and memorialize its 

practice concerning donors with foreign addresses to identify unlawful foreign contributions more 

effectively. That practice is already memorialized and regularly updated. The practice is based 

on a regulation, duly promulgated by the Commission, 11 C.F.R. § 110.20(a)(7), which provides 

a regulatory safe harbor for these situations. The practice is memorialized in the Reports Analysis 
Division’s Policies and Procedures, which are updated for every election cycle and approved by 

the Commission, and which are publicly available on FEC.gov, with certain redactions unrelated 

to this practice. Management will consider updating this practice, including as part of its regularly 

scheduled review and approval of Policies and Procedures. 

Challenge 3: COVID-19 Pandemic 

Management continues to prioritize the safety of all FEC staff. On January 20, 2021, the President 

issued Executive Order 13991, “Protecting the Federal Workforce and Requiring Mask-Wearing,” 

instructing agencies to immediately require masks and physical distancing measures in all Federal 

buildings consistent with current U.S. Centers for Disease Control and Prevention (CDC) 

guidance. On January 24, 2021, the Office of Management and Budget (OMB) issued M-21-15, 

COVID-19 Safe Federal Workplace: Agency Model Safety Principles, to assist Federal agencies 

in developing tailored COVID-19 workplace safety plans. Consistent with the requirements of EO 

13991 and OMB M-21-15, the FEC’s COVID-19 management team developed a workplace safety 

plan to provide minimum mandatory safety guidance for the agency. The COVID-19 management 

team has also developed a phased re-opening quick reference guide and training for FEC staff 

members, which includes a self-check for COVID form, FEC contact tracing log and protective 

personal equipment for staff members entering the office. 

On September 9, 2021, the President issued Executive Order 14043, “Requiring Coronavirus 

Disease 2019 Vaccination for Federal Employees,” instructing agencies to implement a program 

requiring COVID-19 vaccination for all Federal employees, with exceptions only as required by 

law. The same day, the President also issued Executive Order 14042, “Ensuring Adequate COVID 

Safety Protocols for Federal Contractors.” Consistent with the requirements of EO 14043 and 

guidance from the Safer Federal Workforce Task Force, the FEC’s COVID-19 management team 

has provided information and guidance regarding the COVID-19 vaccination requirement for 

Federal employees working with the FEC and begun implementing this requirement through 

collecting the requisite vaccination status information and documentation from employees. The 

COVID-19 management team has provided guidance and assistance to the Procurement Office to 

support implementation of the requirements of EO 14042. 

Throughout the year, Management has maintained continuous communication with staff to 

promote staff safety and provide support. For example, the COVID-19 management team sends a 

weekly update email every Friday to alert staff to upcoming events, new guidance and general 

reminders, including information about how to become vaccinated and special leave provisions 

for employees when they are receiving the vaccine or recovering from vaccine side effects. The 

weekly update has been well received by staff and managers. Senior Management and the 

Commission have also been holding virtual meet and greet sessions for new FEC staff. Senior 

Leaders are regularly holding division meetings to check on staff and hear any concerns they may 

raise. The COVID-19 management team also continues to hold briefings with the Commission to 

keep them abreast of the situation and ensure they are aware of any changes to the building 

operating status and impacts to our employees. Members of the COVID-19 management team also 

participate in government-wide groups, including OMB small agency group, OPM CHCO/HR 

Director group, General Counsel Exchange, and the CIO/CISO council. 

The FEC’s offices remain closed under an evacuation order. All employees continue to work 

remotely, except in limited circumstances where work must be completed in the FEC’s offices, 
 

and the agency has purchased video communication tools to facilitate meetings and collaboration 

during this time. Management continues to closely monitor the situation and is pleased to report 

that nearly all FEC functions have been seamlessly transitioned to the telework environment and 

that agency performance goals are continuing to be met. While the FEC’s offices have been closed 

under an evacuation order, Management has waived core working hour requirements and provided 

for additional work hour flexibilities. As the agency continues to plan for a return to the office, 

Management has consistently engaged managers and staff, including through staff surveys 

regarding the future of work, to learn more about employee’s scheduling and work/life balance 

needs. Management will continue to reach out to staff as it considers what scheduling flexibilities 

and telework programs will best meet the needs of employees and the agency as employees begin 

to return to the office. 

Challenge 4: Senior leadership salary structure 

Management fully supports the Commission’s ongoing efforts to fill vacant leadership positions 

and to ensure senior leadership roles are filled by separate individuals. The Commission 

specifically addressed this issue in response to questions posed by the Committee on House 

Administration. In its May 1, 2019, response, the Commission stated: 

All of the Commissioners agree that the Commission should have separate individuals 

filling the senior leadership roles of Staff Director and CIO. As is true of the General 

Counsel position, the salary limit placed on the Staff Director by the FECA (Level IV of 

the Executive Schedule) means that the Staff Director supervises personnel whose 

positions, on the GS-15 and Senior Level pay scales, often provide higher salaries than 

the statutory salary for the Staff Director. The Commission has long recommended that 

Congress de-link the Staff Director’s salary from the Executive Schedule. 

When the Commission promoted our CIO to Staff Director, we allowed him to continue 

to serve as CIO and be compensated at that level rather than absorb a substantial pay cut 

in order to accept the promotion. This has allowed the Commission to maintain 

consistency in its most senior staff leadership.3 

Because of the challenges in maintaining consistent senior leadership, the Commission 

unanimously adopted a Legislative Recommendation in 2021, 2018, 2017, 2016, 2015, 2014, 2013 

and 2011 that urges Congress to address this situation. Specifically, the Commission recommends 

that Congress remove the statutory bar on the FEC’s participation in the Senior Executive Service 

(SES) Program and remove the statutory references to the Executive Schedule in FECA with 

respect to the General Counsel and Staff Director, so that those two positions would be 

compensated under the same schedule as the Commission’s other senior managers. This revision 

would remedy the current situation where the Commission’s top managers are compensated at a 

lower rate than many of their direct reports, and would ensure that the Commission can retain 

highly qualified individuals to serve in those positions as well as enable it to remain competitive 

3 https://www.fec.gov/about/committee-on-house-administration-april-2019-questions/ 
in the marketplace for Federal executives when filing the current vacancy or when further 

vacancies arise. 

Challenge 5: Cybersecurity 

The FEC developed a comprehensive cybersecurity program led by the Chief Information Security 

Officer (CISO) to protect critical infrastructure from the cyber threats. The FEC’s overarching 

strategy to protect the security and privacy of its systems and network begins with the adoption of 

the National Institute of Standards and Technology (NIST) Risk Management Framework and 

NIST IT security control “best practices.” NIST Special Publication 800-37 Rev. 2 – Risk 

Management Framework for Information Systems and Organizations,” identifies seven steps 

essential to the successful execution of the risk management framework (RMF): 

• Prepare to execute the RMF from an organization- and a system-level perspective by 

establishing a context and priorities for managing security and privacy risk. 

• Categorize the system and the information processed, stored, and transmitted by the 

system based on an analysis of the impact of loss. 

• Select an initial set of controls for the system and tailor the controls as needed to reduce 

risk to an acceptable level based on an assessment of risk. 

• Implement the controls and describe how the controls are employed within the system 

and its environment of operation. 

• Assess the controls to determine if the controls are implemented correctly, operating as 

intended, and producing the desired outcomes with respect to satisfying the security and 

privacy requirements. 

• Authorize the system or common controls based on a determination that the risk to 

organizational operations and assets, individuals, other organizations, and the Nation is 

acceptable. 

• Monitor the system and the associated controls on an ongoing basis to include 

assessing control effectiveness, documenting changes to the system and environment of 

operation, conducting risk assessments and impact analyses, and reporting the security 

and privacy posture of the system. 

The FEC currently employs this continuous monitoring and ongoing authorization approach to 

assess the risk to systems and networks and allow the authorizing official to determine whether 

that risk is acceptable. Three of the FEC’s major systems follow the formal Authority to Operate 

(ATO) process: the General Support System, the FEC website and the FEC’s eFiling system. 

Robust Security Architecture

As a result of, and in support of, the RMF, the FEC’s Office of the Chief Information Officer 

(OCIO) continues to take steps to implement a robust security architecture. For example, in 

partnership with the Department of Homeland Security (DHS), the OCIO has collaborated with 

FEC stakeholders and technical experts to identify, protect, detect and respond to the impact of 

known and unknown threats, continuously assessing security controls and addressing residual and 

new risks. 

As identified in OIG’s description of this management challenge, the FEC has proactively pursued 

three significant joint efforts with DHS over the past two years to better identify and remediate 
 

emerging threats to the FEC’s systems and networks. In addition, the FEC maintains ongoing 

information security efforts, including our security operation center and the applications for 

continuous diagnostics and mitigation, and implementing security controls to address identified 

cybersecurity gaps. These efforts help to ensure that identified risks are appropriately addressed 

and that its cybersecurity program and security architecture will continue to safeguard the agency’s 

infrastructure, networks, and applications against cyber threats and malicious activities. 

Continuous Monitoring and Mitigation

OCIO Security has worked with DHS to improve security capability by integrating the Continuous 

Diagnostics and Mitigation (CDM) program. OCIO Security has also introduced the use of secure 

baselining standards, such as the use of DISA STIGS and Benchmarks. System hardening and 

secure baselining practices are being expanded in OCIO teams. The OCIO security team has 

developed a privileged user account agreement and user access review and a new password policy 

to add administrative controls to supplement the technical access controls. The addition of the new 

password policy and multi-factor authentication (MFA) has improved the security posture of 

authentication types within the FEC’s information systems. 

Cloud-First Initiative 

The FEC has also adopted a cloud first initiative for security, accessibility and recoverability. 

Hosting systems and data in a cloud environment allows the FEC to utilize our cloud service 

providers’ significant resources that are dedicated to maintaining the highest level of security. In 

addition, by utilizing the cloud service providers’ robust disaster recovery solutions, the FEC 

eliminates the need to maintain physical disaster recovery sites, which are costly to maintain and 

secure. The FEC has already completed the migration of its largest database, the campaign finance 

database, and its website to a cloud environment. The FEC’s website, revamped in May 2017, uses 

FedRAMP Authorized cloud services, which provides a standardized approach to security 

assessment, authorization, and continuous monitoring for cloud products and services. 

Building a Cybersecurity Culture

At the same time, the FEC is working to build a cybersecurity culture among its employees. The 

first line of defense in maintaining the protection and integrity of the agency’s network is the 

ongoing education of employees about their role in identifying and preventing malicious actors— 

internal or external—from compromising the FEC’s systems and networks. Efforts to build a 

cybersecurity culture include steps to educate staff about FEC IT security policies and to ensure 

staff awareness of potential cybersecurity threats, such as phishing scams. The FEC promotes this 

cybersecurity culture in part through annual, mandatory IT security trainings and through yearround communication and notices to staff from the CISO. This year, the FEC implemented 

additional trainings for all staff to help staff recognize and avoid social engineering attempts. 

Building Capacity in the Information Security Office 

The FEC has also taken steps to build capacity in its Information Security Office. In April 2019, 

the FEC entered into a partnership with the Partnership for Public Service to participate in the 

Cybersecurity Talent Initiative. This selective, cross-sector program, which provides loan 

forgiveness to top bachelors and masters graduates around the United States in exchange for at 

least two-years’ service at a Federal agency, addresses the immediate cybersecurity talent 

deficiency faced by Federal government agencies by attracting service-minded individuals to 
government who might not otherwise have applied. During FY2020, the FEC completed the 

selection process and brought on board an individual for a two-year cybersecurity fellowship. In 

the past two years, FEC actively participated in the CTI program, attended the CTI's leadership 

panel discussions, and encouraged the cybersecurity analyst from the CTI program to actively 

participate in CTI training activities as well as training outside of CTI. The cybersecurity analyst 

we brought onboard has significantly improved their cybersecurity knowledge and has done an 

excellent job supporting FEC's security operation.