FEDERAL ELECTION COMMISSION 

FISCAL YEAR 2023 

CONGRESSIONAL BUDGET JUSTIFICATION 

March 28, 2022 

Concurrently submitted to Congress and the Office of Management and Budget 
Table of Contents 

SUMMARY OF FY 2023 BUDGET JUSTIFICATION 2 

Section 1: Purpose and Priorities in FY 2023 

1A: Commission Overview and Future Outlook 6 

1B: FY 2023 Priorities 9 

Section 2: Budget Overview 

2A: Requested Budget Level 13 

2A.1: Description of Budget Increases and Decreases at Request Level 16 

2B: Appropriations Language 18 

2C: Recommended Legislative Changes 19 

Section 3: FY 2023 Annual Performance Plan and FY 2021 Annual Performance Report 25 

3A: Introduction 25 

3A:1 Mission Statement 25 

3B: Organizational Structure 26 

3C: Performance Framework 29 

3C:1 Strategic Goal 29 

3C:2 Plans and Progress by Strategic Objective 29 

3D: Implementation Factors 47 

3D:1 Major Management Priorities, Challenges and Risks 47 

3D:2 Data Validation and Verification 48 

3E: Conclusion 49 

Office of Inspector General’s Fiscal Year 2023 Budget Request 50 

OIG Summary of Outstanding FEC Audit Recommendations 51 

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SUMMARY OF FY 2023 BUDGET JUSTIFICATION 

The Federal Election Commission (FEC) is an independent regulatory agency responsible for 

administering, enforcing, defending and interpreting the Federal Election Campaign Act of 1971 (“FECA” 

or the “Act”), as amended.1 As the foundation of federal campaign finance regulation, FECA reflects 

Congress’s efforts to prevent corruption through two principal means. First, it ensures that voters have 

access to information about the sources of financial support for federal candidates, political party 

committees and other political committees. Second, FECA imposes amount limitations and source 

prohibitions on contributions received by certain types of political committees. The Commission’s 

responsibilities also include overseeing the federal public fundingprograms for presidential campaigns.2 

For the fiscal year (FY) 2023 Budget Submission, the FEC’s total requested funding level is $81.7 million. 

The request for FY 2023 represents a 9.6 percent increase from the FEC’s FY 2022 appropriation. 

Importantly, Section 2 compares the requested level to the FY 2022 Consolidated Appropriations Act. The 

FY 2022 continuing resolution level is also shown to match the President’s Budget appendix presentation. 

The requested level reflects an increase after flat funding in FY 2021, operating under an extended 

continuing resolution during FY 2022, and essentially flat funding for FEC operations between FY 2016 

and FY 2021. Funding at this level would allow the agency to fill many high-priority positions that were 

not filled over the past 10 years and utilize these positions to better serve the public. The request would 

also allow the FEC to maintain essential support functions, as well as contribute to its ongoing efforts to 

modernize its IT infrastructure and realize the attendant future efficiencies of these efforts. 

Funding at the requested level for FY 2023 will support the agency’s disclosure mission during FY 2023

and in future years. Currently, 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 percent increase compared to 2016, the last presidential 

election cycle. 

Changes in the way political committees raise and spend funds have contributed to this stark increase in 

the number of transactions disclosed to the FEC. This ever-growing volume of campaign finance 

disclosure data must be received, processed and made available to the public within the agency’s tight

deadlines for public disclosure, and must be safeguarded to ensure the integrity and accessibility of the 

information. The chart below illustrates the exponential growth of data transactions that the FEC needs to 

process, store, search and display to support the FEC’s disclosure mission. 

1 Public Law 92-225, 86 Stat. 3 (1972) (codified at 52 U.S.C. §§ 30101-45). 

2 The Commission’s responsibilities for the federal public funding programs are contained in the Presidential 

Election Campaign Fund Act, Public Law 92-178, 85 Stat. 562 (1971) (codified at 26 U.S.C. §§ 9001-13) and the 

Presidential Primary Matching Payment Account Act, Public Law 93-443, 88 Stat. 1297 (1974) (codified at 26 U.S.C. 

§§ 9031-42). 

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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. These trends in campaign finance activity illustrate how crucial it is for the agency 

to continue to implement new programs and systems to ensure the timely disclosure of this increasing 

volume of campaign finance data. The migration of campaign finance data to a cloud environment, 

modernization of applications migrated to the cloud during previous fiscal years, and efforts to modernize 

the FEC’s eFiling system are essential components of these efforts. Adequate funding for FY 2023 will 

help to ensure that the FEC continues to meet its mission to provide transparency in the campaign finance 

process. 

The FEC is facing challenges in processing and reviewing historically high levels of campaign finance 

disclosure information, while satisfying an increased demand for customer service and data information 

requests from the public. Funding at the requested level will help the agency modernize applications 

essential to processing and reviewing campaign finance disclosure information. The agency has moved 

these applications to the cloud and now needs to modernize them to fully utilize all the advantages of the 

cloud. For the FEC to manage the pressures of increased workload, data processing, security concerns and 

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customer service requests, the FEC requests a funding level that will assist the agency in striving to ensure 

it is able to efficiently, fairly and effectively achieve its mission objectives. 

Funding at the $81.7 million level will allow the agency to fund government-wide mandates and 

cybersecurity requirements and to sustain basic operations and maintenance, fund existing IT contracts 

that support the agency’s mission, and continue work on ongoing projects, such as eFiling and IT 

modernization. 

In recent years, the federal government has also put into place an initiative to reduce the reliance on 

physical data centers.3 The FEC has migrated to the cloud its primary campaign finance database, which 

contains over forty years of transaction-level campaign finance data reported to the agency, the searchable 

legal systems and related databases, and legacy mission-critical applications. As a result of these efforts, 

the FEC has been able to reduce its physical datacenter footprint, and it plans to continue to do so. 

However, moving our legacy applications to the cloud is only an intermediate step. To fully realize all the 

advantages of a cloud environment, we must modernize our legacy applications to be cloud-native. The 

FEC is pursuing an IT modernization plan which requires investment now and over the next several years. 

The return on this investment will help the agency avoid steep rises in costs for physical data center space 

and equipment, help minimize potential cybersecurity risks and help agency staff more effectively perform 

their duties. These modernized applications will be more secure and will help staff process and review our 

increasing volume of data. 

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 data quality and data validation, provide users with inline feedback and generate 

modern file outputs that will provide for more flexibility in accessing data. The FEC’s request for FY 

2023 includes funding that will be used to continue development and work toward implementation of 

the new eFiling platform during FY 2023. The requested funding level will allow the agency to continue 

funding these essential projects. 

4 

3 

 Guidance for Federal agencies is provided at https://datacenters.cio.gov/policy/ 
 

 

 

 

 

 

 

 

 

 

 

MISSION STATEMENT 

To protect the integrity of the federal campaign finance process by providing 

transparency and fairly enforcing and administering federal campaign finance laws 

Congress created the FEC to administer, enforce and formulate policy with respect to FECA. The Act 

reflects Congress’s efforts to ensure that voters are fully informed of the sources of financial support for

federal candidates, political committees and others and to prevent corruption. Public confidence in the 

political process depends not only on laws and regulations to ensure transparency, but also on the 

knowledge that those who disregard the campaign finance laws will face consequences. 

The primary objectives of the FEC are: (1) to engage and inform the public about campaign finance data; 

(2) to promote compliance with FECA and related statutes; (3) to interpret FECA and related statutes; and 

(4) to foster a culture of high performance. 

Voluntary compliance with the requirements of FECA is a particular focus of the Commission’s efforts,

and its educational outreach and enforcement programs are both designed to ensure compliance with the 

Act’s limits, prohibitions and disclosure provisions. Because of the large and rising number of political 

committees and the ever-growing number of financial disclosure reports filed with the FEC, voluntary 

compliance is essential to enforcing the requirements of the Act. Accordingly, the Commission devotes 

considerable resources to encouraging voluntary compliance through widespread dissemination of 

educational materials related to federal campaign finance laws to the public, the press, political committees 

and state election officials. 

This Budget Justification is organized in three sections. Section 1 addresses the agency’s purpose and

priorities in FY 2023. Section 2 provides an overview of the agency’s request. Section 3 provides an

overview of the agency’s four strategic objectives and describes the agency’s performance goals, 

indicators and targets to ensure continued progress toward meeting these objectives during FY 2023. 

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Section 1: Purpose and Priorities in FY 2023 

1A: Commission Overview and Future Outlook 

The FEC is an independent regulatory agency responsible for administering, enforcing, defending and 

interpreting FECA. The Commission is also responsible for administering the federal public funding 

programs for presidential campaigns. 

The FEC is directed by six Commissioners, who are appointed by the President with the advice and 

consent of the Senate. By law, no more than three Commissioners can be members of the same political 

party. The Commissioners meet regularly to formulate policy and to vote on significant legal and 

administrative matters. The Act requires the affirmative vote of four members of the Commission to 

approve official actions, thus requiring bipartisan decision making. 

As part of its responsibilities, the FEC makes available on its website the campaign finance disclosure 

reports that all federal candidates and federal political committees must file, as required by the Act. These 

disclosure reports and the data contained in them are made available to the public through the 

Commission’sinternet-based public disclosure system on the agency’s website at FEC.gov. The FEC also 

has exclusive responsibility for civil enforcement of FECA, including the handling of civil litigation 

arising from any legal actions brought by or against the Commission. Additionally, the Commission 

promulgates regulations implementing the Act. The Commission also has a statutory responsibility to 

issue advisory opinions responding to inquiries regarding interpretation and application of the Act and 

the Commission’s regulations to specific factual situations. 

The FEC’s Strategic Plan for FY 2022 through FY 2026, developed pursuant to the Government

Performance and Results Act of 1993 (GPRA)4 and the GPRA Modernization Act of 20105, provides the 

agency’s strategic management framework. This framework is designed to ensure that every employee 

works in support of the FEC’s strategic goal and objectives, and that the effectiveness of these efforts can

be regularly and meaningfully measured. 

The FEC is currently funded by a single annual appropriation for salaries and expenses. Over 70 percent 

of the agency’s FY 21 obligations were related to personnel, such as salaries and benefits. Of the agency’s 

remaining operational expenses, the largest categories are facilities and IT operations and services, which 

includes costs for (1) maintenance of all existing applications and systems that support the FEC’s statutory 

duties, including the legacy eFiling program; (2) IT initiatives such as cloud migration of legacy 

applications and the eFiling modernization program; (3) funding of cloud hosting costs, and (4) contracts 

for products and services associated with maintaining the FEC’s defenses against cybersecurity threats. 

Together, facilities and IT operations and services constitute 77 percent of the agency’s FY 2021 nonpersonnel obligations. The FY 2021 obligations are shown in Figure 1 below. 

4 Public Law 103-62, 107 Stat. 285 (1993) (codified at 31 U.S.C. § 1115 et seq.). 

5 Public Law 111-352, 124 Stat. 3866 (2011) (codified at 31 U.S.C. §§ 1115-24). 

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Figure 1 – FY 2021 Obligations by Major Category as of September 30th, 2021 

SALARIES and BENEFITS 

74% 

FACILITIES 

7% 

IT OPERATIONS and 

SERVICES 

13% 

OTHER SERVICES 

6% 

* “IT Operations and Services” includes costs for (1) maintenance of all existing applications and systems that support the 

FEC’s statutory duties, including the legacy eFiling program; (2) IT initiatives such as cloud migration of legacy applications 

and the eFiling modernization program; (3) funding of cloud hosting costs, and (4) contracts for products and services 

associated with maintaining the FEC’s defenses against cybersecurity threats.

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FEC Organizational Chart 

The Offices of the Staff Director, General Counsel, Chief Information Officer and Chief Financial Officer 

support the agency in accomplishing its mission. The Office of the Inspector General, established within 

the FEC in 1989 under the Inspector General Act Amendments of 1988,6 is independent and reports both 

to the Commissioners and to Congress. The specific roles and responsibilities of each office are 

described in greater detail at: 

https://www.fec.gov/about/leadership-and-structure/fec-offices. 

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6 

 Public Law 100-504, 102 Stat. 2515 (1988). 
 

 

 

 

 

 

 

 

 

 

 

1B: FY 2023 Priorities 

The FEC priorities for FY 2023 are aligned with the agency’s FY 2022 to 2026 Strategic Plan and are

limited to those needs that will allow the agency to fulfill its mission as required by law and support the 

President’s Management Agenda. As discussed below, funding at the requested amount of $81.7 million 

would allow the agency to make investments in FEC staff to permit the FEC to take measures to enhance 

the delivery of campaign finance data and legal resources. The requested level would allow the agency to 

sustain its current level of IT operations and services, and make some progress on cybersecurity initiatives, 

eFiling modernization and IT modernization. However, to fully realize the efficiencies of our ongoing 

modernization efforts, the agency will need sustained investment for several years to modernize legacy 

applications, make enhancements to cybersecurity, fully implement our new eFiling platform and rebuild 

the agency’s workforce and provide employees with the training and resources needed to foster a culture 

of high performance. The FEC’s priorities for FY 2023 will ensure that the agency can improve customer

experience and service delivery as it meets increasing public demand for its services. These priorities are 

discussed in more detail below. 

Prioritizing Information Technology (IT) Modernization and Cybersecurity 

The FEC protects the integrity of the federal campaign finance process by providing transparency and 

fairly enforcing and administering federal campaign finance laws. Fair enforcement and full disclosure of 

the sources and amounts of campaign funds allow the public to make informed decisions in the political 

process. Transparency requires that information is not only kept by the FEC but also that it is provided to 

the public in a way that is intuitive to users and provides the necessary context for understanding how 

federal elections are funded. The FEC must make election-related reports and information accessible to 

the public in a timely, reliable and useful fashion. The Commission is therefore committed to providing 

the public with robust access to campaign finance data, compliance information and legal resources. 

Funding at the requested amount of $81.7 million would permit the FEC to maintain the current quality 

of services delivered to the public; as well as continue work on modernization projects and initiatives. 

The FEC provides free electronic filing software, FECFile, to support political committees of federal 

candidates, political parties and other filers in reporting their campaign finance activity to the FEC. The 

FEC has completed and published a study that helped to determine ways to modernize the agency’s eFiling

system, platform and software to receive better quality data, be more responsive to user needs and handle 

the increasing volume of data reported7

. In this request, the agency seeks funds for FY 2023 to continue 

development and work toward to implementing these improvements to the eFiling platform and support 

its release to the filing community. The redesigned eFiling platform will improve ease of filing for users 

by allowing greater operating system flexibility when generating filings for submission to the 

Commission. The FEC’s new eFiling platform will also improve the process for validating filings prior to

acceptance and generate modern file outputs that will provide for more flexibility in accessing data. In 

addition, the modernization efforts will provide for seamless integration with the data portion of the 

website and, therefore, more efficient use of the agency’s resources. The study of the FEC’s eFiling 

system showed that 59 percent of electronic filers use the agency’s software. Therefore, the eFiling

modernization project continues to be an important priority for the Commission. Funding at the requested 

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7 

 Available at https://www.fec.gov/about/reports-about-fec/agency-operations/e-filing-study-2016/. 
 

amount of $81.7 million allows the FEC to continue development and work toward implementation of the 

eFiling platform. 

At the same time, the FEC is undertaking a multi-year effort to move appropriate systems and databases 

to a cloud environment and modernize legacy applications. To more quickly realize the cost and efficiency 

benefits of migrating applications and systems to a cloud environment, the first step of modernization, the 

FEC began implementation of its cloud migration plan during FY 2021. During FY 2021 and FY 2022, 

the FEC completed migration of its primary campaign finance database, its searchable legal systems and 

certain mission-critical applications. With funding at the requested level, work to migrate remaining 

applications and systems identified as appropriate for cloud hosting will continue during FY 2023. 

The move to a cloud-hosted model also provides the Commission with opportunities to retire a number 

of other costly legacy systems and reduce the agency’s datacenter footprint.8 During FY 2021 and FY 

2022, the agency began shutting down physical servers within our data centers in favor of cloud-hosted 

servers after related applications were migrated to the cloud. Continued funding of the IT modernization 

and eFiling modernization projects will be needed to continue this shift of assets from physical data 

centers to the cloud. The agency currently pays physical data center and cloud hosting costs. Without 

this funding level the agency is at risk of pausing these projects and incurring additional costs to resume 

these projects later. 

In response to the ever-growing cybersecurity threats in today’s world, the FEC must improve its security 

posture to protect equipment and information systems. The FEC continuously develops, maintains and 

improves its security architecture that mitigates threats. In partnership with the Department of Homeland 

Security (DHS) and numerous strategic partners, the FEC identifies, protects, detects, responds to and 

recovers from the impact of known and potential threats. Funding at this level allows the agency to provide 

security coverage, including our security operation center and continuous diagnostics and mitigation and 

allows the agency to address some identified cybersecurity gaps. 

Operating applications in a cloud environment requires specialized design, development and security 

considerations to ensure both the security of our systems and the integrity and accessibility of our data. 

It is essential that the FEC takes a more comprehensive view of the risk to our information systems, 

establishes a governance framework and remediates the vulnerabilities of our critical infrastructure. 

Funding at the requested level would allow the FEC to seek the necessary expertise to manage our 

cybersecurity requirements in a cloud environment. 

Implementing Government Mandated IT Initiatives 

In FY 2021, the FEC also awarded two contracts to begin its required transition to GSA’s Enterprise

Infrastructure Solutions (EIS) service. This transition is mandated for all federal agencies and is the 

vehicle responsible for our telecommunication and infrastructure services, such as the agency’s 800-line, 

Contact Center Service (CCS), all digital and analog lines, and secure network services. Agencies must 

transition from GSA’s expiring legacy contract, Networx, or risk having services shut down. The deadline 

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8 The FEC’s efforts to reduce spending on operation and maintenance costs is consistent with the Government 

Accountability Office’s May 2016 report, Federal Agencies Need to Address Aging Legacy Systems 

(https://www.gao.gov/assets/680/677454.pdf) and recent guidance from OMB (https://datacenters.cio.gov/policy/). 
 

 

 

 

 

 

 

 

 

for the transition to EIS is September 30, 2022, with funding per current award continuing into FY 2033. 

Funding at the requested amount will allow the FEC to meet the requirements of this mandated service. 

In recent years, the federal government has issued numerous cybersecurity-related initiatives to defend 

federal government information systems from the escalation of cyber-attacks, the increased activity of 

ransomware compromises, and the attacks to widespread use of software systems. Funding at the 

requested level would allow the FEC to seek the necessary expertise to comply with these mandates. 

These new projects and continued improvements would also not be possible without an increase to our 

current staff in the Office of the Chief Information Officer. The additional positions would help support 

mission critical innovations, especially when related to prioritizing information technology modernization 

and cybersecurity. 

Strengthening the Workforce to Achieve the FEC’s Mission

The FEC intends to continue its efforts to maintain the current high performance of staff and the excellent 

service that they provide to the public. A critical part of this effort is promoting adequate staffing levels 

across the agency. The FY 2023 request would allow the agency to backfill some of the critical vacancies 

that are currently unfunded, including some of the areas where the FEC has experienced increased 

demands in workload, and add a limited number of positions to meet the increased workload and better 

serve the public.9 

 This funding level would permit the FEC to help rebuild staffing levels that have been 

depleted over time. The requested funding level would yield approximately 330 staff by the end of FY 

2023. This takes into account current staffing levels, the FY 2022 appropriation, the pace of hiring under 

regular appropriations and continuing resolutions, and anticipated attrition. 

The request would also allow the FEC to increase investments in training and awards from FY 2022 levels 

to improve the skills base of the workforce and reward high performance and to make these investments 

comparable to levels prior to FY 2021. Finally, the Commission has established a series of data-driven 

metrics to measure customer satisfaction with educational outreach efforts and to ensure that matters are 

moved efficiently and fairly through the enforcement and compliance processes with complainants and 

respondents afforded sufficient transparency regarding the processes. 

Citing the FEC’s “critical mission” and the “exponential growth in the volume of campaign finance data,” 

the Committee on Appropriations of the House of Representatives “encourage[d] the FEC to develop a staffing 

model to determine the number of personnel needed to ensure the agency is appropriately resourced to meet its 

mission.” H.R. Rep. 117-79, at 69 (July 1, 2021). The increase in FEC staffing levels included in the FY 2023 

request are the agency’s proposed first steps toward reaching an appropriate human resource level.

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9 
 

350 

340 

330 

320 

310 

300 

FEC Actual FTE FY 2010 to FY 2021 

370 

360 

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

*Figures are from Actual Column of the President’s Budget Appendix.

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Section 2: Budget Overview 

2A: Requested Budget Level 

In this section, increases and decreases are identified and the FY 2023 request is compared to the FY 2022 

Consolidated Appropriations Act. The FY 2022 continuing resolution level is also shown to match the 

President’s Budget appendix presentation. For FY 2023 the requested appropriation is $7.2 million higher

than the FY 2022 appropriation, a 9.6 percent increase. 

The requested increase is split with 73 percent directed to personnel expenses and 27 percent directed to 

non-personnel expenses. For personnel expenses, the increase is driven by the 4.6 percent pay raise, benefits 

and backfilling positions lost over the last several years. For non-personnel expenses, the increases mainly 

affect the information technology area, and a scheduled increase in FEC’s lease with GSA. 

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Table 1 Changes from FY 2022 Omnibus to FY 2023 Request 

Category Amount 

FY 2022 CR Level $74,500,000 

Personnel Changes 

Personnel Compensation and Benefits $5,873,13 

Personnel Changes Subtotal: $5,873,13 

Non-Personnel Changes 

Contracts & Other Services -679,063 

Non-Capitalized & Capitalized Equipment -21,026 

Printing & Reproduction 4,103 

Travel 7,804 

Training 15,342 

Supplies & Materials 28,432 

Communications 41,118 

Federal Goods & Services 60,599 

GSA Rent 247,379 

IT Contracts 1,596,182 

Non-Personnel Changes Subtotal: $1,300,869 

Total Change: $7,174,000 

FY 2023 Request $81,674,000 

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Table 2 highlights the FY 2022 Omnibus level as compared to the FY 2023 Budget Request and FY 2021 

actual obligations. 

Table 2 

FY 2023 FEC Budget Request 

Object Class Data Federal 

Election Commission 

FY 2021 

Actual 

FY 2022 

Annualized 

CR level 

FY 2022

Omnibus* 

FY 2023 

Request 

Change from 

FY 2022 

Omnibus to 

CBJ 

% Change From 

FY2022 

Omnibus to FY 

2023 Request 

11 Personnel 

Compensation 38,453,751 38,521,112 40,060,420 43,938,758 3,878,338 9.68% 

11.52 Cash Awards 244,113 245,039 633,007 650,000 16,993 2.68% 

12.1 Personnel benefits 13,597,523 13,615,120 12,699,004 14,667,523 1,968,519 15.50% 

12.18 Transit Subsidy 42,500 120,000 345,719 355,000 9,281 2.68% 

Subtotal, Personnel $52,337,887 $52,501,271 $53,738,150 $59,611,281 $5,873,131 10.93% 

21 

Travel & 

transportation of 

persons 14,683 55,000 290,696 298,500 7,804 2.68% 

23.1 GSA Rent 5,161,065 5,200,000 5,135,431 5,382,810 247,379 4.82% 

23.3 Communications, 

Utilities & Postage 527,023 540,000 525,882 567,000 41,118 7.82% 

24 Printing & 

Reproduction 86,821 90,000 152,837 156,940 4,103 2.68% 

25.11 

Training, 

Commercial Fed. 

& Tuition 283,608 285,000 571,498 586,840 15,342 2.68% 

25.14 IT Contracts 8,587,485 7,162,838 6,910,326 8,506,508 1,596,182 23.10% 

25.2 Contracts & Other 

Services 1,082,836 2,404,162 2,518,764 1,839,701 -679,063 -26.96%

25.3 Federal Goods & 

Services 1,610,742 1,800,000 2,257,301 2,317,900 60,599 2.68% 

26 Supplies and 

Materials 705,784 700,000 1,059,088 1,087,520 28,432 2.68% 

31 

Non-Capitalized 

and Capitalized 

Equipment 880,312 758,729 1,340,026 1,319,000 -21,026 -1.57%

42 Insurance Claims 400 0 0 0 0 0.00% 

Subtotal, Non-Personnel 

$18,940,758 $18,995,729 $20,761,850 $22,062,719 $1,300,869 6.27% 

TOTAL $71,278,645 $71,497,000 $74,500,000 $81,674,000 $7,174,000 9.63% 

*FY 2022 Omnibus allocations reflect a pro-rata reduction from the FY 2022 request to reduce total amounts from $76.5 to $74.5 million. Final estimated allocations will be presented in 

the FEC’s reprogramming report.

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Printing & Reproduction .................................................................................................................$4,103 

As the agency returns to normal operations, printing costs are projected to modestly increase. 

2A.1: Description of Budget Increases and Decreases at Request Level 

Program Increases and Decreases..........................................................................................$10,117,000 

Personnel Increase ........................................................................................................$5,873,131/32FTE 

 

 

 

 

FEC seeks an addition of $5.9 million above the FY 2022 Omnibus levels to support 

salaries, awards, and other personnel benefits. These funds would provide the agency with 

flexibility to backfill critical vacancies after several years of flat or reduced employment levels. 

Importantly, the hiring initiative would take account of the increase provided in the FY 2022 

appropriation as well a historical hiring patterns. The requested level would also support 

required personnel cost increases, such as pay raises and higher employer benefits 

contributions, e.g., transit subsidies, that were artificially lowered by the pandemic and budget 

constraints in FY 2021. 

 

Non-Personnel Increases and Decreases..................................................................................$1,300,869 

This increase would provide funding for critical non-personnel areas to continue and maintain 

FEC’s IT modernization efforts and other essential initiatives that could not be funded in FY 2022. 

Contracts & Other Services ....................................................................................................... -$679,063 

This decrease is partially offset by a $1.5 million increase in IT contracts. While the amount 

devoted to IT contracts is increased, FEC would need to prioritize funding to maintain existing IT 

support contracts. Any additional funding would go to support eFiling and IT modernization 

projects. 

Non-Capitalized and Capitalized Equipment ............................................................................ $-21,026 

The FEC is expecting to achieve savings in equipment as it continues to pursue its modernization 

efforts. 

Travel .................................................................................................................................................$7,804 

The agency anticipates modest increases in travel expenses as it continues to resume normal 

operations after the COVID-19 pandemic. 

Training ...........................................................................................................................................$15,342 

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The agency reduced FY 2021 training levels in order to meet the enacted funding levels is 

working to build back to historic levels. This modest increase would keep pace with expected 

training needs. 

Supplies and Materials ...................................................................................................................$28,432 

This number reflects the agency’s continued return to normal operations after the pandemic. 

Federal Goods and Services ...........................................................................................................$60,599 

This increase is due to the increased costs of FEC’s Shared Service Providers (SSP), HR support 

and the Federal Protective Service. 

Communications, Utilities & Postage............................................................................................$41,118 

This level would provide for expected increases in communication contracts, including contracts 

that implement GSA’s mandated Enterprise Infrastructure Solutions (EIS) telecommunications 

program and mobile phones used by agency staff. 

GSA Rent .......................................................................................................................................$247,379 

FEC’s increased rent costs are in a lease agreement and supplied by GSA. 

IT Contracts................................................................................................................................$1,596,182 

Funding at the request level would allow the agency to maintain its existing applications and 

systems, including GSA’s mandated Enterprise Infrastructure Solutions (EIS) program, and 

support its statutory duties during an era of exponential data growth and expanded cybersecurity 

threats. Other projects that this level might support include: (1) Continued cloud migration and 

modernization/redesign of migrated legacy applications, which in turn will help the agency realize 

the future savings of these efforts and avoid the cost of maintaining outdated legacy systems; (2) 

Continuing the implementation of the new eFiling platform during FY 2023. Implementation of 

this program will allow the agency to retire its legacy eFiling system and realize efficiencies in 

future years; (3) Maintenance and support of the agency’s legacy eFiling system which is

necessary while the updated platform is being implemented; (4) Funding of web hosting costs, 

which are increasing due to the exponential growth in data and the migration of systems and 

applications to the cloud; and (5) Funding the contracts for products and services associated with 

maintaining our defenses against cybersecurity threats. 

17 
2B: Appropriations Language 

The FEC proposes the following Appropriations Language for FY 2023. 

FEDERAL ELECTION COMMISSION 

Federal Funds Salaries and Expenses 

For necessary expenses to carry out the provisions of the Federal Election Campaign Act of 1971, 

$81,674,000, of which not to exceed $5,000 shall be available for reception and representation expenses. 

18 
2C: Recommended Legislative Changes 

On May 6, 2021, the Commission submitted legislative recommendations to Congress and the 

Administration.10 Four of these recommendations represent bold proposals to streamline agency 

processes, including those for disclosing campaign finance data to the public, and ensure that the agency 

can operate more effectively and at a lower cost to taxpayers. 

These initiatives require statutory changes to be enacted through legislation and proposed statutory 

language for each was approved by the Commission and provided to the Congress andthe Administration. 

Electronic Filing of Electioneering Communication Reports 

Section: Federal Election Campaign Act of 1971, as amended (FECA) § 304(a)(11)(A)(i) 

(codified at 52 U.S.C. § 30104(a)(11)(A)(i)) 

Recommendation: Congress should require reports of electioneering communications to be filed 

electronically with the Commission, rather than on paper. 

Explanation: The Treasury and General Government Appropriations Act, 2000,11 required the 

Commission to make electronic filing mandatory for political committees and other persons required to 

file with the Commission who, in a calendar year, have, or have reason to expect to have, total 

contributions or total expenditures exceeding a threshold amount set by the Commission (which is 

currently $50,000). In addition, many independent expenditure reports are already subject to mandatory 

electronic filing under section 304(a)(11)(A)(i) of the Federal Election Campaign Act of 1971, as amended 

(FECA).12 However, because electioneering communication reports are not filed by political committees, 

and because funds spent for electioneering communications are reported as “disbursements,” and not as 

“expenditures,” the mandatory electronic filing provisions do not apply to electioneering communication 

reports. 

Compared to data from paper reports, data from electronically filed reports is received, processed and 

disseminated more easily and efficiently, resulting in better use of resources. Reports that are filed 

10 FECA § 304(c)(1) (codified at 52 U.S.C. § 30104(c)(1)). 

10 FECA § 301(4)(A) (codified at 52 U.S.C. § 30101(4)(A)). 

10 FECA § 301(4)(C) (codified at 52 U.S.C. § 30101(4)(C)). 

10 FECA § 304(c)(1) (codified at 52 U.S.C. § 30104(c)(1)). 

11 Pub. L. No. 106-58, § 639, 113 Stat. 430, 476 (1999). 

12 Pub. L. No. 92-225, 86 Stat. 3 (1972), as amended, codified at 52 U.S.C. § 30104(a)(11)(A)(i). 

19 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

electronically are normally available to the public, and may be downloaded, within minutes. In contrast, 

the time between the receipt of a report filed through the paper filing system and its initial appearance on 

the Commission’s web site is 48 hours. 

Electronic filings are not subject to delay due to post office processing or disruptions in the delivery of 

mail, such as those arising from health and security measures related to the COVID-19 pandemic or the 

discovery of anthrax powder and ricin in mail. Because of these measures, the Commission’s receipt of 

mailed paper filings is delayed. In contrast, electronic filings are not subject to these delays. 

Only entities that report more than $50,000 of electioneering communications would be subject to 

mandatory electronic filing under the proposal. The current threshold selected by the Commission ensures 

that entities with limited financial resources can file reports on paper, which avoids the limited cost of 

internet access and a computer sufficient to file reports. 

Authority to Create Senior Executive Service Positions 

Sections: 5 U.S.C. § 3132(a)(1) 

FECA § 306(f)(1) 

(codified at 52 U.S.C. § 30106(f)(1)) 

Recommendation: Congress should delete the exclusion of the Federal Election Commission from 

eligibility for the Senior Executive Service (SES) under the Civil Service Reform Act of 1978 (as amended 

by the Federal Election Campaign Act Amendments of 1979).13 Additionally, Congress should revise 

section 306 of FECA, to delink the salaries of the Staff Director and the General Counsel from Level IV 

and Level V of the Executive Schedule. 

Explanation: The Commission believes that these statutory changes are needed to bring the Commission’s

personnel structure in line with that of other comparable federal agencies. This would ensure that the 

Commission is better able to compete with other government agencies in recruiting and retaining key 

management personnel. 

Currently, the Commission is prohibited by law from creating Senior Executive Service positions within 

the agency. 14 The Commission recommends that it be made eligible to create Senior Executive Service 

positions because: (1) the agency currently has several top management positions that the Commission 

believes would fully satisfy the criteria for SES positions set forth in 5 U.S.C. § 3132 (e.g., directing the 

work of an organizational unit, monitoring progress toward organizational goals, etc.); and (2) the SES 

13 See Pub. L. No. 96-187, § 203, 93 Stat. 1339, 1368 (1980), codified at 5 U.S.C. § 3132(a)(1)(C). 

14 5 U.S.C. § 3132(a)(1)(C). 

20 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

system would provide institutional benefits to the agency and agency employees. 

As a result of the current prohibition, the Commission’s senior managers (other than the Staff Director 

and the General Counsel) are employed in Senior Level positions. The current Senior Level positions (the 

Chief Financial Officer, the Inspector General, the Deputy Inspector General, four Deputy Staff Directors, 

two Deputy General Counsels, and three Associate General Counsels) oversee major programmatic areas 

and supervise not only staff, but other managers as well. Although these twelve top management positions 

are designated as Senior Level, because supervisory and executive responsibilities occupy 100% of the 

time of the employees filling these positions, the positions would be more appropriately designated as 

SES.15 

The FEC’s expenses would not increase significantly if it were permitted to participate in the SES

program. In 2008, legislation brought the salary ranges for Senior Level employees into parity with Senior 

Executive Service employees.16 Like SES employees, Senior Level employees may now carry over 720 

hours of annual leave into the next year, rather than the previous Senior Level limit of 240. Nonetheless, 

the SES system would provide institutional benefits to the Commission and its employees by enhancing 

the quality and quantity of the pool of persons available to fill vacancies that may arise. 

SES candidates must go through a competitive selection process in order to enter a Candidate 

Development Program. Completion of a Candidate Development Program by candidates within the 

agency ensures that a cadre of SES-approved employees is available for selection and thereby assists in 

good succession planning. In addition, the SES system enables agencies to hire experienced and skilled 

leaders from a government-wide, not just intra-agency, pool with relative ease and with the assurance that 

all such employees have met the same standards of development and experience. For example, because 

SES-certified applicants from outside the agency will have met all of the Executive Core Qualifications, 

the Commission would be able to evaluate their applications with the assurance that fundamental 

competencies have already been developed. 

The current provision in FECA specifies that the Staff Director and General Counsel are to be paid at 

Level IV and Level V of the Executive Schedule, respectively. Both positions supervise personnel at the 

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

Executive Schedule. The Staff Director and General Counsel have significant responsibilities and 

oversight duties with respect to both administrative and legal areas, as well as management over almost 

all agency personnel. According to recruiting specialists working with the Commission, the current limit 

15 In fact, OPM’s guidance on the Senior Level positions indicates that the Senior Level system is generally for 

positions in which supervisory duties occupy less than 25% of the employee’s time. See http://www.opm.gov/policy-dataoversight/senior-executive-service/scientific-senior-level-positions/ (last visited May 6, 2021). OPM’s guidance does note,

however, that “in a few agencies [such as the Federal Election Commission] that are statutorily exempt from inclusion in the 

Senior Executive Service (SES), executive positions are staffed with SL employees.”

16 See Senior Professional Performance Act of 2008, Pub. L. No. 110-372, 122 Stat. 4043 (2008). 

21 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

makes attracting a strong pool of applicants to these positions more challenging. The appointment and 

retention of these key leaders have been identified as ongoing management and performance challenges 

to the Commission by the Inspector General in the eight most recent Agency Financial Reports covering 

2014 through 2021 and in previous Performance and Accountability Reports. The General Counsel’s

position is currently filled on an acting basis. 

The Commission proposes removing the statutory references to the Executive Schedule, so that the Staff 

Director and General Counsel would be compensated under the same schedule as the Commission’s other

senior managers. This revision will remedy the current situation where the Commission’s top managers

are compensated at a lower rate than many of their direct reports and will ensure that the Commission can 

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

the marketplace for Federal executives when filing the current vacancy or when further vacancies arise. 

This change will not require an increase in the Commission’s appropriation request.

Accordingly, the Commission believes that the positions of Staff Director and General Counsel, as well 

as the current Senior Level positions within the agency, would be more appropriately categorized as SES 

positions. Because salary ranges for Senior Executive Service employees and Senior Level employees 

are in parity, as discussed above, the foregoing amendments will affect the salary expenses for only two 

positions: the Staff Director and the General Counsel. 

Make the Administrative Fine Program for Reporting Violations Permanent 

Section: FECA § 309(a)(4)(C)(v) 

(codified at 52 U.S.C. § 30109(a)(4)(C)(v)) 

Recommendation: Congress should make permanent the Commission’s authority to assess administrative 

fines for violations of the law requiring timely reporting of receipts and disbursements. The Commission’s

current Administrative Fine Program only covers violations that relate to reporting periods through 

December 31, 2023. 

Explanation: On December 21, 2018, President Trump signed legislation that extended the 

Administrative Fine Program, which authorized the Commission to include in the Program certain 

violations of FECA that relate to reporting periods through December 31, 2023.17 Congress has acted six 

times to extend the Administrative Fine Program, extending the initial covered period from two years to 

cover 24 years. 18 Instead of enacting a seventh temporary extension, Congress should act to make the 

17 See Pub. L. No. 115-386, 132 Stat. 5161 (2018). 

18 Pub. L. No. 107-67, §642, 115 Stat. 514, 555 (2001) (extending program through 2003 reports), Pub. L. 

No. 108-199, § 639, 118 Stat. 3, 359 (2004) (extending program through 2005 reports, leaving gap in coverage from January 

1 to February 10, 2004); Pub. L. No. 109-155, § 721, 119 Stat. 2396, 2493-94 (2005) (extending program through 2008 

22 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

program permanent. 

Through the Administrative Fine Program, the Commission has processed and made public 3,482 cases, 

with more than $6.8 million in fines assessed during the period from implementation of the program in 

2000 through the end of fiscal year 2020. The Administrative Fine Program has been remarkably 

successful: over the course of the program, the number of late and nonfiled reports has dramatically 

decreased. For election cycles 1992 through 2000, an average of 21% of campaign finance reports were 

filed late. Since the inception of the Administrative Fine Program, the percentage of late reports has 

dropped to below 10%. As a result, the Administrative Fine Program has become an integral part of the 

Commission’s mission to administer and enforce the Act. With fewer late reports and fewer challenges 

to administrative fines, the Commission has been able to reduce the number of employees who work on 

this program. By making the program permanent, Congress would ensure that the Commission would not 

lose one of the most cost-effective and successful programs in its history. 

Under the Administrative Fine Program, the Commission considers reports to be filed late if they are 

received after the due date, but within 30 days of that due date. Election-sensitive reports19 are considered 

late if they are filed after their due date, but at least five days before the election. Committees filing reports 

after these dates are considered nonfilers. Civil money penalties for late reports are determined by the 

amount of activity on the report, the number of days the report was late and any prior penalties for 

violations under the administrative fine regulations. Penalties for nonfiled reports are determined by the 

estimated amount of activity on the report and any prior violations. Committees have the option to 

challenge the Commission’s finding, proposed penalty or both, or they may pay the civil penalty assessed.

Increase and Index for Inflation Registration and Reporting Thresholds 

Sections: FECA §§ 301, 304 and 315 

(codified at 52 U.S.C. §§ 30101, 30104 & 30116) 

Recommendation: Congress should increase and index for inflation certain registration and reporting 

thresholds in the Federal Election Campaign Act that have not been changed since the 1970s. 

Explanation: Most of the Federal Election Campaign Act’s contribution limits and registration and 

reporting thresholds were set in the 1970s. Because over twenty years of inflation had effectively reduced 

FECA’s contribution limits in real dollars, the Bipartisan Campaign Reform Act of 2002 increased most

reports); Pub. L. No. 110-433, 122 Stat. 4971 (2008) (extending program through 2013 reports); Pub. L. No. 113-72, 127 

Stat. 1210 (2013) (extending program through 2018 reports); and Pub. L. No. 115-386, 132 Stat. 5161 (2018) (extending 

program through 2023 reports). 

23 

19 Election sensitive reports are those filed immediately before an election and include pre-primary, pre-special, pregeneral, October quarterly and October monthly reports. 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

of the Act’s contribution limits to adjust for some of the effects of inflation. Furthermore, BCRA indexed 

these limits for inflation to address inflation in future. The Commission proposes extending this approach 

to registration and reporting thresholds, which have been effectively reduced by inflation since those 

thresholds were established in 1971 or 1979. 

Since 1971, FECA has provided that any group of persons that receives contributions or makes 

expenditures in excess of $1,000 in a calendar year must register and report as a political committee.20 

FECA also requires political committees to abide by the contribution limits and source prohibitions 

specified in FECA. Since 1979, FECA has provided that local political party organizations are also subject 

to a $1,000 threshold for federal political committee status.21 The Commission recommends that Congress 

increase these thresholds to $2,000, and then index those amounts for inflation to prevent erosion in the 

future. Raising this threshold would be particularly beneficial for local and Congressional district 

committees of political parties. These organizations frequently breach the $1,000 threshold. An increased 

threshold would permit limited spending on federal elections without triggering federal political 

committee status for local and Congressional district committees of political parties. 

Since 1979, FECA has required persons (other than political committees) who make independent 

expenditures in excess of $250 in a calendar year to report such expenditures to the Commission.22 The 

Commission recommends that Congress increase this threshold to $500 and index this amount for 

inflation. 

Increasing these thresholds would take into account many years of inflation and the general increase in 

campaign cost and ease the compliance burdens on smaller organizations and individuals. Additionally, 

by increasing the thresholds, Congress would exempt some individuals and small organizations that 

engage in only minimal spending from the Act’s registration and reporting requirements. Increasing the 

registration and reporting thresholds to compensate for inflation would leave significant financial activity 

subject to regulation as intended by Congress when it enacted the FECA. 

20 FECA § 301(4)(A) (codified at 52 U.S.C. § 30101(4)(A)). 

21 FECA § 301(4)(C) (codified at 52 U.S.C. § 30101(4)(C)). 

22 FECA § 304(c)(1) (codified at 52 U.S.C. § 30104(c)(1)). 

24 
 

 

 

 

 

 

 

Section 3: FY 2023 Annual Performance Plan and FY 2021 Annual Performance 

Report 

3A: Introduction 

This Annual Performance Plan and Report (APP/APR) is considered the companion to the Federal 

Election Commission’s Strategic Plan for Fiscal Years (FY) 2022-2026, and designed to provide a solid 

framework for performance planning and reporting in accordance with the requirements of the GPRA 

Modernization Act of 2010.

23 The FY 2023 Annual Performance Plan and FY 2021 Annual Performance 

Report are combined in this document to present accomplishments through FY 2021 and performance 

targets associated with FYs 2021, 2022 and 2023. 

This plan positions the agency to promote compliance and to engage and inform the public about campaign 

finance data and rules. In order to meet these challenges, the FEC must maintain a workforce that is highly 

qualified to achieve the agency’s mission effectively and efficiently. 

3A:1 Mission Statement 

To protect the integrity of the federal campaign finance process by providing transparency and fairly 

enforcing and administering federal campaign finance laws. 

The President’s Budget identifies the lower-priority program activities, where applicable, as required under the 

GPRA Modernization Act of 2010, 31 U.S.C. 1115(b)(10). See http://www.whitehouse.gov/omb/budget. 

25 

23 
 

 

 

 

 

 

 

 

 

 

3B: Organizational Structure 

The FEC is an independent regulatory agency responsible for administering, enforcing, defending and 

interpreting the Federal Election Campaign Act (the Act).

24 The Commission is also responsible for 

administering the federal public funding programs for presidential campaigns. This responsibility includes 

certifying and auditing all participating candidates and committees and enforcing the public funding laws. 

Under the Act, all federal political committees, including the committees of presidential, Senate and House 

candidates, must file reports of receipts and disbursements. The FEC makes disclosure reports available 

to the public through the Commission’s Internet-based public disclosure system at www.fec.gov as well 

as through a public records office at the Commission's Washington, D.C. headquarters. The FEC also has 

exclusive responsibility for civil enforcement of the Act, and has litigating authority independent of the 

Department of Justice in U.S. District Court and the Courts of Appeals. Additionally, the Commission 

promulgates regulations implementing the Act and issues advisory opinions responding to inquiries. 

To accomplish its legislative mandate, the FEC is directed by six Commissioners, who are appointed by 

the President with the advice and consent of the Senate. By law, no more than three Commissioners may 

be members of the same political party. Each member serves a six-year term, and two seats are subject to 

appointment every two years. Commissioners may serve beyond their six-year terms until new 

Commissioners are confirmed. The Chairmanship of the Commission rotates among the members, with 

no member serving as Chair more than once during a six-year term. The Commissioners are responsible 

for administering and enforcing the Act and meet regularly to formulate policy and to vote on significant 

legal and administrative matters. The Act requires at least four votes for the Commission to approve certain 

official actions, thus requiring bipartisan decision-making. The FEC has its headquarters in Washington, 

D.C. and does not have any regional offices. 

26 

24 The Commission’s primary responsibilities pertain to the Federal Election Campaign Act of 1971, Public Law 92-

225, 86 Stat. 3 (1972) as amended (codified at 52 U.S.C. §§ 30101-30145) (formerly at 2 U.S.C. §§ 431-55) (the Act or the 

FECA). The Commission’s responsibilities for the Federal public funding programs are contained in the Presidential 

Election Campaign Fund Act, Public Law 92-178, 85 Stat. 562 (1971) (codified at 26 U.S.C. §§ 9001-13) and the 

Presidential Primary Matching Payment Account Act, Public Law 93-443, 88 Stat. 1297 (1974) (codified at 26 U.S.C. §§ 

9031-42). 
 

 

Figure 1: FEC Organizational Chart 

As noted in Figure 1 above, the offices of the Staff Director, General Counsel, Chief Information Officer 

and Chief Financial Officer support the agency in accomplishing its mission. The Office of the Inspector 

General, established within the FEC in 1989 under the 1988 amendments to the Inspector General Act, is 

independent and reports both to the Commissioners and to Congress. The specific roles and 

responsibilities of each office are described in greater detail immediately below. 

27 

Office of the Staff Director (OSD) 

The Office of the Staff Director consists of four offices: 1) Management and Administration; 2) 

Compliance; 3) Communications; and 4) Equal Employment Opportunity. The Office of Management 

and Administration is responsible for the FEC’s strategic planning and performance and works with the 

Commission to ensure the agency’s mission is met efficiently. In addition, this office houses the Office of 

the Commission Secretary, the Office of Human Resources (OHR) and the Administrative Services 

Division (ASD). The primary responsibilities of the Office of Compliance are making campaign finance 

reports and data available to the public, review of campaign finance reports, assistance with compliance, 

audits, administrative fines and alternative dispute resolution. The Office of Communications includes 

divisions charged with making enforcement, policy and other Commission documents, as well as 
 

 

 

Office of General Counsel (OGC) 

The Office of General Counsel consists of five organizational units: (1) the Deputy General Counsel—

Administration; (2) the Deputy General Counsel—Law; (3) the Policy Division; (4) the Enforcement 

Division; and (5) the Litigation Division. The Deputy General Counsel—Administration directly 

supervises the Administrative Law Team, the Law Library and all OGC administrative functions. The 

Deputy General Counsel—Law has the primary responsibility for assisting the General Counsel in all of 

the substantive aspects of the General Counsel’s duties and shares in the management of all phases of

OGC programs, as well as directly supervising the agency’s ethics program. The Policy Division drafts

for Commission consideration advisory opinions and regulations interpreting the Federal campaign 

finance law and provides legal advice to the FEC’s compliance programs. The Enforcement Division

recommends to the Commission appropriate action to take with respect to administrative complaints and 

apparent violations of the Act. Where authorized, the Enforcement Division investigates alleged violations 

and negotiates conciliation agreements, which may include civil penalties and other remedies. If an 

enforcement matter is not resolved during the administrative process, the Commission may authorize suit 

in district court, at which point the matter is transferred to the Litigation Division. The Litigation Division 

represents the Commission before the Federal district and appellate courts in all civil litigation involving 

campaign finance statutes. This Division assiststhe Department of Justice’s Office of the Solicitor General

when the Commission’s FECA cases are before the Supreme Court. 

 

 

 

 

 

 

presidential candidates’ personal financial disclosure reports, available to the public, encouraging 

voluntary compliance with the Act through educational outreach and training, and ensuring effective 

communication with Congress, executive branch agencies, states, the media and researchers, and the 

general public. The Equal Employment Opportunity Office administers and ensures compliance with 

applicable laws, regulations, policies and guidance that prohibit discrimination in the Federal workplace 

based on race, color, national origin, religion, age, disability, sex, pregnancy, genetic information or 

retaliation. The EEO Director reports to the Staff Director on administrative issues, but has direct reporting 

authority on all EEO matters. See 29 CFR 1614.102(b)(4). 

Office of the Chief Information Officer (OCIO) 

The Office of the Chief Information Officer (OCIO) consists of four units: (1) Enterprise Architecture; 

(2) Operational Support; (3) Data Administration; and (4) IT Security. The OCIO provides secure, stable 

and robust technology solutions for Commission staff and the public. OCIO both develops and maintains 

the systems that serve as the public's primary source of information about campaign finance data and law 

and ensures agency employees have a technology infrastructure that allows them to perform their day-today responsibilities administering and enforcing campaign finance law. OCIO also develops and supports 

analytic reporting tools that help staff perform their disclosure and compliance duties. 

Office of the Chief Financial Officer (OCFO) 

The Office of the Chief Financial Officer consists of three offices: (1) Budget; (2) Accounting; and (3) 

Procurement. The OCFO is responsible for complying with all financial management laws and standards, 

and all aspects of budget formulation, budget execution and procurement. 

28 
 

 

 

 

 

 

 

 

 

 

 

3C: Performance Framework 

3C:1 Strategic Goal 

The strategic goal of the Federal Election Commission is to fairly, efficiently and effectively administer 

and enforce the Federal Election Campaign Act, promote compliance and engage and inform the public 

about campaign finance data and rules, while maintaining a workforce that delivers results. 

3C:2 Plans and Progress by Strategic Objective 

The Act reflects a belief that democracy works best when voters can make informed decisions in the 

political process—decisions based in part on knowing the sources of financial support for federal 

candidates, political party committees and other political committees. As a result, the FEC’s first strategic 

objective is to inform the public about how federal campaigns and committees are financed. Public 

confidence in the political process also depends on the knowledge that participants in federal elections 

follow clear and well-defined rules and face consequences for non-compliance. Thus, the FEC’s second 

strategic objective focuses on the Commission’s efforts to promote voluntary compliance through 

educational outreach and to enforce campaign finance laws effectively and fairly. The third strategic 

objective is to interpret the FECA and related statutes, providing timely guidance to the public regarding 

the requirements of the law. The Commission also understands that organizational performance is driven 

by employee performance and that the agency cannot successfully achieve its mission without a highperforming workforce that understands expectations and delivers results. Consequently, the FEC’s fourth 

strategic objective is to foster a culture of high performance in order to ensure that the agency 

accomplishes its mission efficiently and effectively. The FEC’s strategies for reaching these objectives

are outlined below. 

3C:2.1 Strategic Objective 1: Engage and Inform the Public about Campaign Finance Data 

Leaders: Assistant Staff Director for Reports Analysis Division; Assistant Staff Director for Public 

Disclosure and Media Relations Division 

The FEC protects the integrity of federal campaigns by providing transparency and fairly enforcing and 

administering federal campaign finance laws. Full disclosure of the sources and amounts of campaign 

funds and fair enforcement of federal campaign finance laws allow the public to make informed decisions 

in the political process. Transparency requires that information is not only kept by the FEC, but also 

provided to the public in an easily accessible way. In order to make certain that campaign finance 

disclosure information is quickly available and easily accessible to the public, the agency has made a 

number of improvements to modernize its campaign finance disclosure database and public interface. 

Specifically, the FEC has developed application programming interfaces (APIs) and other tools to improve 

access to campaign finance data. The agency is also committed to providing excellent customer service to 

help the public find and understand campaign finance information. The FEC gauges its effectiveness 

through a series of indicators designed to measure performance in areas that promote confidence in the 

campaign finance process, as detailed in the charts below. 

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Strategies and Next Steps 

The FEC’s eFiling system acts as the point of entry for submission of electronically filed campaign finance 

reports, providing faster access to reports and streamlining operations. This system provides for public 

disclosure of electronically filed reports, via the FEC website, within minutes of being filed. When a 

committee files a financial disclosure report on paper, the Commission ensures that a copy is available for 

public inspection within 48 hours of receipt, both electronically on the website and at the FEC’s offices 

in Washington, D.C. The FEC is committed to providing timely and transparent campaign finance 

disclosure to the public and delivering data in accessible and easy-to-use formats. 

The number of financial transactions reported to the FEC has nearly doubled each election cycle for the 

past several election cycles, resulting in a steep rise in the number of transactions that must be received, 

processed and made available to the public. This increase in reported activity places a strain on staff, 

systems and databases. For example, the number of financial transactions received during October 2020 

alone was more than what was received during the entire 2016 election cycle. Each transaction must be 

received and processed by the FEC and made available to the public on the FEC website. This transactionlevel data is also used by the FEC internally and supports much of the FEC’s mission-related work. 

The FEC is taking steps to ensure it can continue to meet the agency’s disclosure mission in future years 

even as the amount of reported activity continues to rise. As political committees active in federal elections 

continue to develop new methods for raising funds, the volume of transactions reported can change 

significantly. During FY 2022, as projections for the volume of campaign finance transactions become 

available for the election cycle, the FEC will establish a baseline for the performance of the campaign 

finance application programming interface (API) and campaign finance database. The agency will use 

this baseline to develop future plans to improve the agency’s capacity to process campaign finance data.

The Commission is also improving and refining its website through iterative development, ensuring the 

FEC continues to provide an effective, user-centered online platform to deliver campaign finance 

information to its diverse base of users. This effort will ensure that the FEC provides full and meaningful 

campaign finance data and information in a manner that meets the public’s increasing expectations for 

data customization and ease of use. 

Performance measures and targets for assessing progress on this Strategic Objective include measures to 

ensure that data from campaign finance reports are quickly made available to the public and that the FEC 

pursues programs to make data more accessible to the public. 

Progress Update for FY 2021 

The FEC continued its work to receive and make public campaign finance disclosure information. The 

FEC received 90,607 campaign finance disclosure documents filed during FY 2021 disclosing over 244 

million transactions. Reports filed electronically are made available on the FEC website, and may be 

downloaded by the public within minutes of submission. Reports filed on paper are scanned and made 

available on the FEC website within 48 hours of receipt. During FY 2021, the FEC ensured that 100 

percent of paper filed reports were made available to the public within two business days and that 100 

30 
 

 

 

percent of independent expenditure filings were made available to the public within one business day. 

After reports are imaged for disclosure purposes, the information is coded and entered into the FEC’s 

database for review to assess accuracy and ensure complete disclosure of campaign finance information. 

The agency’s goal is to code and enter 95 percent of the reports within 30 days of receipt. In FY 2021 the 

agency processed 89 percent of reports within 30 days of receipt. The agency’s ability to meet its target 

for this performance goal during FY 2021 was negatively impacted by staff shortages and an 

unprecedented volume of filings received during the 2020 election cycle. 

31 
 

 

 

 

 

Performance Goal 1-1: Improve the public’s access to information about how

campaign funds are raised and spent. 

Key Indicator: Percent of reports processed within 30 days of receipt. 

FY 2016 

Actual 

FY 2017 

Actual 

FY 2018 

Actual 

FY 2019 

Actual 

FY 2020 

Actual 

FY 2021 

Target 

FY 2021 

Actual 

FY 

20222 

Target 

FY 2023 

Target 

100% 96% 100% 94%25 98% 95% 89%26 95% 95% 

25 The agency’s ability to meet its target for this performance goal during FY 2019 was negatively impacted by the 

lapse in appropriations from December 22, 2018 to January 25, 2019. 26 The agency’s ability to meet its target for this performance goal during FY 2021 was negatively impacted by staff

shortages and an unprecedented volume of filings received during the 2020 election cycle. 

32 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

Supporting Indicators 1-1: 

Measure Name FY 2016 

Actual 

FY 2017 

Actual 

FY 2018 

Actual 

FY 2019 

Actual 

FY 2020 

Actual 

FY 2021 

Target 

FY 2021 

Actual 

FY 2022 

Target 

FY 2023 

Target 

Percent of 

reports and 

statements filed 

on paper with 

the FEC made 

available on the 

FEC website 

within two 

business days of 

receipt 

99% 99% 99% 100% 100% 100% 100% 100% 100% 

Percent of 24-

and 48-hour 

reports on 

independent 

expenditure 

spending filed on 

paper made 

available on the 

FEC website 

within one 

business day of 

receipt 

100% 100% 100% 100% 100% 100% 100% 100% 100% 

Improve capacity 

to process 

campaign finance 

data 

N/A N/A N/A N/A N/A N/A N/A Establish 

baseline 

N/A 

3C:2.2 Strategic Objective 2: Promote Compliance with the FECA and Related Statutes 

Leaders: Deputy Staff Director/Chief Compliance Officer; General Counsel; Deputy General Counsel—

Administration; Assistant Staff Director, Information Division 

Helping the public understand its obligations under the Act is an essential component of voluntary 

compliance. The FEC places a significant emphasis on encouraging compliance. The FEC measures its 

progress in meeting this Objective through two performance measures, discussed separately below. The 

first measures the agency’s efforts to encourage voluntary compliance through educational outreach and

information and the second measures the FEC’s efforts to seek adherence to FECA requirements through 

fair, effective and timely enforcement and compliance programs. Progress against these measures and 

supporting indicators is detailed in the charts below. 

Strategies and Next Steps 

Encourage voluntary compliance with FECA requirements through educational outreach and information. 

The FEC’s education and outreach programs provide information necessary for compliance with 

campaign finance law and give the public the context necessary to interpret the campaign finance data 

filers disclose. The FEC maintains a toll-free line and public email accounts to respond to inquiries 

regarding campaign finance data disclosed to the public and questions about how to comply with 

campaign finance law and its reporting requirements. 

33 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

One way the Commission encourages voluntary compliance is by hosting conferences across the country, 

where Commissioners and staff explain how the Act applies to candidates, parties and political action 

committees. These conferences address recent changes in the law and focus on fundraising, methods of 

candidate support and reporting regulations. 

The FEC also devotes considerable resources to ensuring that staff can provide distance learning 

opportunities to the general public. The Commission’s website is one of the most important sources of 

instantly accessible information about the Act, Commission regulations, and Commission proceedings. In 

addition to viewing campaign finance data, anyone with internet access can use the website to track 

Commission rulemakings, search advisory opinions, audits and closed enforcement matters, view 

campaign finance data, and find reporting dates. The Commission places a high emphasis on providing 

educational materials about campaign finance law and its requirements. Toward this end, the FEC has 

moved its focus away from the printing and manual distribution of its educational materials and instead 

looked for ways to leverage available technologies to create and disseminate dynamic and up-to-date 

educational materials through the website. While the Commission continues to offer printed copies of its 

educational publications, transitioning to primarily web-based media has allowed the agency to 

significantly reduce its printing, storage and mailing costs and use of resources while at the same time 

encouraging new and expanded ways of communicating with the public via the website. 

As part of this broad effort to improve its internet communications and better serve the educational needs 

of the public, the Commission maintains its own YouTube channel, which can be found at 

https://www.youtube.com/FECTube. The YouTube channel offers a variety of instructional videos and 

tutorials that enable users to obtain guidance tailored to their specific activities. 

The agency’s educational outreach program has been significantly enhanced with the addition of an online 

training service that enables political committees, reporters, students and other groups to schedule live, 

interactive online training sessions with FEC staff. This on-demand service allows the FEC to provide 

tailored, distance learning presentations and training to the public in a manner that will significantly 

increase the availability of FEC staff to serve the public. The service also offers an efficient and effective 

way for alternative dispute resolution and other enforcement respondents to satisfy the terms of their 

agreements with the agency. 

In addition, the Reports Analysis Division (RAD) established and implemented the RAD Education 

Program (the Program) to provide an informal, education-based means for resolving compliance issues. 

The goal of the program is to educate political committees on disclosure and compliance requirements to 

ensure future compliance with the Federal Election Campaign Act and Commission regulations. The 

Program provides eligible committees with an opportunity to participate in tailored training focused on 

the issues identified during the review of the committees’ reports and cited in Requests for Additional 

Information sent during the election cycle, in lieu of a referral for an audit. Further, committees that are 

not otherwise eligible for an audit referral, but that meet certain criteria, are invited to participate in the 

Program in order to prevent future compliance issues. 

Seek adherence to FECA requirements through fair, effective and timely enforcement and compliance 

programs. 

The FEC has formed strategies for ensuring that its enforcement and compliance programs are fair, 

effective and timely. The Commission’s statutory obligation is to administer, interpret and enforce the 

34 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Federal Election Campaign Act, which serves the compelling governmental interest in deterring 

corruption and the appearance of corruption in financing elections. In doing so, the Commission remains 

mindful of the First Amendment’s guarantees of freedom of speech and association, and the practical 

implication of its actions on the political process. 

The FEC has exclusive jurisdiction over civil enforcement of Federal campaign finance laws. It consults 

with the U.S. Department of Justice, as appropriate, on matters involving both civil and criminal 

enforcement of the Act. Commission enforcement actions, which are handled primarily by the Office of 

General Counsel (OGC), originate from a number of sources, including external complaints, referrals from 

other government agencies and matters generated by information ascertained by the Commission in the 

normal course of carrying out its supervisory responsibilities. Enforcement matters are handled by OGC 

pursuant to the requirements of the FECA. If the Commission cannot settle or conciliate a matter involving 

an alleged violation of the Act, the Commission may initiate civil litigation by filing and prosecuting a 

civil action in Federal district court to address the alleged violation. Closed enforcement matters are 

available via the FEC website. 

To augment OGC’s traditional enforcement role, the Office of Compliance manages several programs 

that seek to remedy alleged violations of the Act and encourage voluntary compliance. These programs 

include: 1) the Alternative Dispute Resolution Program, 2) the Administrative Fine Program and 3) the 

Audit Program. The Commission’s Alternative Dispute Resolution Program is designed to resolve matters 

more swiftly by encouraging the settlement of less-complex enforcement matters with a streamlined 

process that focuses on remedial measures for candidates and political committees, such as training, 

internal audits and hiring compliance staff. Violations involving the late submission of, or failure to file, 

disclosure reports are subject to the Administrative Fine Program. This Program is administered by the 

Reports Analysis Division (RAD) and the Office of Administrative Review (OAR), which assess 

monetary penalties and handle challenges to the penalty assessments. The Audit Program conducts “for

cause” audits under the FECA in those cases where political committees have failed to meet the threshold 

requirements for demonstrating substantial compliance with the Act, and conducts mandatory audits under 

the public funding statutes. Subject to limited redactions, threshold requirements approved by the 

Commission and used by RAD and the Audit Division are public. 

The Office of Compliance’s Reports Analysis Division (RAD) reviews an ever-increasing volume of 

reports to track compliance with the law and to ensure that the public record provides a full and accurate 

representation of reported campaign finance activity. If the FEC’s review identifies an apparent violation 

or raises questions about the information disclosed on a report, RAD sends a request for additional 

information (RFAI letter) to the filer, affording an opportunity to take remedial action or correct the public 

record, if necessary. If the filer is able to resolve the FEC’s concerns, it may avoid an enforcement action. 

If not, the Commission has several tools available to it, such as the Administrative Fine Program, Audit 

Program, the Alternative Dispute Resolution Program and the traditional enforcement program. 

The Alternative Dispute Resolution (ADR) Program was implemented in FY 2001 with the primary 

objective to enhance the agency’s overall effectiveness through more expeditious resolution of

enforcement matters with fewer resources required to process complaints and internal referrals. A case is 

closed when the Commission votes on the recommendation made by the ADR Office as to what final 

action should be taken. 

35 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

In response to a legislative mandate, an Administrative Fine (AF) Program was implemented in July 2000 

to address late and non-filing of disclosure reports in a more efficient and effective manner. The AF 

Program is administered by RAD and Office of Administrative Review (OAR), which are within the 

Office of Compliance. 

The Commission generally conducts audits when a committee appears not to have met the threshold 

requirements for substantial compliance. The audit determines whether the committee complied with the 

limitations, prohibitions and disclosure requirements of the Act. In addition, the Commission is required 

by law to audit presidential campaigns that accept public funds. 

Progress Update for FY 2021 

Encourage voluntary compliance with FECA requirements through educational outreach and information. 

During FY 2021, the Commission continued to meet its mandate to assist the public by providing access 

to campaign finance compliance information. The Commission is deeply committed to providing 

candidates, committees and the public timely advice and support so they can fully understand and comply 

with the Act. The Commission also continues to strive to better understand and meet the needs of the 

public and other stakeholders. During FY 2021, the FEC produced a variety of instructional videos and 

web content, conducted online training workshops, including 23 fully remote webinars while staff worked 

from home. Because of the pandemic, the Commission converted its planned two-day Denver Regional 

Conference into an all-virtual event, held exclusively online. Despite these challenges, the FEC again 

exceeded its customer service target for conferences and webinars, achieving an average attendee 

satisfaction rating of 4.36 on a five-point scale. 

Seek adherence to FECA requirements through fair, effective and timely enforcement and compliance 

programs. 

Reports Analysis Division 

During FY 2021, RAD continued to ensure that campaigns and political committees file timely and 

accurate disclosure reports that fully disclose their financial activities. During the fiscal year, RAD 

reviewed 102,219 documents totaling 187 million pages. RAD continued to demonstrate its commitment 

to assisting filers with compliance, handling 13,634 phone calls and meetings, 968 electronic mail 

inquiries, developing reporting examples for the FEC website, and participating in several FEC 

conferences, seminars and webinars during FY 2021. In addition, the Reports Processing Branch 

demonstrated its commitment to providing the public with timely data, coding 134.3 million transactions 

during FY 2021. 

Office of General Counsel 

OGC continues to seek improvement in meeting its obligations to the Commission and the public to handle 

its caseload efficiently and effectively despite staffing challenges. In FY 2021, the Commission closed 

194 enforcement cases in an average of 852 days, which included $803,878 in negotiated civil penalties. 

The Commission closed 66 cases (34 percent) within 15 months. 

36 
 

 

 

Alternative Dispute Resolution Office 

The ADRO continued to promote compliance with Federal campaign finance law and Commission 

regulations and to reduce the cost of processing complaints by encouraging settlements outside the 

agency’s normal enforcement track. During FY 2021, the Commission completed 72 ADR cases, which 

included $322,085 in negotiated civil penalties. The Commission’s performance measure for ADR is to 

circulate 75 percent of cases to the Commission within 140 days of a case being referred. During fiscal 

year 2021, ADRO circulated 98 percent of recommendations within that timeframe. 

37 
 

 

 

 

 

 

 

 

 

 

Administrative Fine Program 

The Administrative Fine Program continues to successfully reduce the number of late and non-filed 

reports and encourage campaign finance transparency through the timely filing of campaign finance 

reports. During FY 2021, RAD processed 384 reason-to-believe recommendations for Commission 

consideration. RAD processed 94 percent of these recommendations within 60 days of the original due 

date of the untimely or not filed report. OAR reviewed 44 challenges submitted by committees in response 

to a reason-to-believe finding and/or civil money penalty. OAR reviewed 91 percent of these challenges 

within 60 days of receipt. Overall, OAR has reviewed 842 challenges submitted from the Program’s 

inception through FY 2021. 

Audit Division 

The Audit Division continues to enforce the FECA through a Commission-approved audit process. 

During FY 2021, the Audit Division publicly released six Audit Reports, of which five, or 83 percent, 

were completed within the two-year performance goal period. During FY 2021 there was one request 

received under the Request for Legal Consideration by the Commission program established in 2011 to 

allow for challenges to preliminary audit findings, and one request for an Audit Hearing. 

Performance Goal 2-1: Encourage voluntary compliance with FECA requirements 

through educational outreach and information. 

Key Indicator: Educational outreach programs and events achieve targeted satisfaction 

rating on user surveys. 

FY 2016 

Actual 

FY 2017 

Actual 

FY 2018 

Actual 

FY 2019 

Actual 

FY 

2020 

Actual 

FY 2021 

Target 

FY 2021 

Actual 

FY 2022 

Target 

FY 2023 

Target 

4.53 4.43 4.53 4.45 4.51 4.0 or higher 

on a 5.0 scale 

4.36 4.0 or 

higher on a 

5.0 scale 

4.0 or 

higher on a 

5.0 scale 

38 
 

 

 

Supporting Indicators 2-1: 

Measure Name FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2021 FY 2022 FY 2023 

Actual Actual Actual Actual Actual Target Actual Target Target 

Increase in the 4 new 3 new 9 new 2 new 4 new 4 new 4 new 4 new 

number of E- trainings train

6 new 

ings trainings trainings trainings trainings trainings trainings trainings 

Learning 

presentations 

available on the 

FEC website 

Performance Goal 2-2: Seek adherence to FECA requirements through fair, 

effective and timely enforcement and compliance programs. 

38% 68% 62% 56% 62% 50% 34%27 50% 50% 

The agency’s performance under this measure was negatively impacted by the lack of a quorum for most of FY 

2020. 

39 

27 

Key Indicator: Of the enforcement matters resolved during the fiscal year, the 

percentage that was resolved within 15 months of the date of receipt. 

FY 2016 

Actual 

FY 2017 

Actual 

FY 2018

Actual 

FY 2019 

Actual 

FY 2020 

Actual 

FY 2021 

Target 

FY 2021 

Actual 

FY 2022 

Target 

FY 2023 

Target 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Supporting Indicators 2-2: 

Measure Name FY 2016 

Actual 

FY 2017 

Actual 

FY 2018 

Actual 

FY 2019 

Actual 

FY 2020 

Actual 

FY 2021 

Target 

FY 2021 

Actual 

FY 

2022 

Target 

FY 2023 

Target 

Percent of 

notifications 

provided within 

five days of 

complaints filed 

with the FEC 

100% 100% 100% 100% 100% 100% 100% 100% 100% 

Percent of 

enforcement 

matters presented 

to the 

Commission for 

initial review 

within one year of 

the date of receipt 

86% 86% 84% 82% 81% 80% 82% 80% 80% 

Percent of RFAIs 

sent within 40 

days of report 

review 

92% 88% 88% 88% 86% 75% 91% 75% 75% 

Percent of reports 

reviewed by RAD 

within 90 days of 

receipt 

93% 77% 92% 76% 92% 75% 85% 75% 75% 

Percent of 

Proposed Final 

Audit Reports 

(PFAR) approved 

by the 

Commission 

within two years 

from the start of 

fieldwork 

56% 25% 45% 100% N/A28 60% 83% 60% 60% 

Percent of 

Reviewing Officer 

Recommendations 

circulated within 

60 days 

82% 97% 100% 97% 100% 75% 91% 75% 75% 

Percent of 

ADRO 

Recommendations 

circulated within 

140 days of 

referral 

97% 78% 74% 70%29 100% 75% 98% 75% 75% 

28 The Audit Division was unable to obtain approval for any audit reports during FY 2020 because doing so requires 

the vote of the Commission, which lacked a quorum for approximately 11 months of the fiscal year. 

29 The agency’s ability to meet its target for this performance goal during FY 2019 was negatively impacted by the 

lapse in appropriations from December 22, 2018 to January 25, 2019. 

40 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

3C:2.3 Strategic Objective 3: Interpret the FECA and Related Statutes 

Leader: General Counsel; Deputy General Counsel— Administration 

Commission initiatives, Congressional action, judicial decisions, petitions for rulemaking or other 

changes in campaign finance law may necessitate that the Commission update or adopt new regulations. 

Consequently, the FEC undertakes rulemakings either to write new Commission regulations or revise 

existing regulations. The Commission also provides guidance on how the Act applies to specific situations 

through the advisory opinion process and represents itself in most litigation before the federal district and 

appellate courts. The Commission’s three primary means for providing interpretive guidance for the Act 

and related statutes are discussed below. 

Regulations 

The Policy Division of OGC drafts various rulemaking documents, including Notices of Proposed 

Rulemaking (NPRMs), for Commission consideration. NPRMs provide an opportunity for the public to 

review proposed regulations, submit written comments to the Commission and, when appropriate, testify 

at public hearings at the FEC. The Commission considers the comments and testimony and deliberates 

publicly regarding the adoption of the final regulations and the corresponding Explanations and 

Justifications, which provide the rationale and basis for the new or revised regulations. 

Advisory Opinions 

Advisory opinions (AO) are official Commission responses to questions regarding the application of 

Federal campaign finance law to specific factual situations. The Act generally requires the Commission 

to respond to AO requests within 60 days. For AO requests from candidates in the two months leading up 

to an election, the Act requires the Commission to respond within 20 days. On its own initiative, the 

Commission also makes available an expedited process for handling certain time-sensitive requests that 

are not otherwise entitled to expedited processing under the Act. The Commission strives to issue these 

advisory opinions in 30 days. 

Defending Challenges to the Act 

The Commission represents itself in most litigation before the federal district and appellate courts and 

before the Supreme Court with respect to cases involving publicly financed presidential candidates. It also 

has primary responsibility for defending the Act and Commission regulations against court challenges. In 

addition, the Act authorizes the Commission to institute civil actions to enforce the Act. 

Strategies and Next Steps 

The Office of General Counsel continues to focus on its processes to ensure that staff provides timely and 

well-written advice to the Commission so that it can meet its obligations to administer and enforce 

campaign finance law. The Commission considers it a high priority to ensure that guidance is provided 

through the advisory opinion process within the timeframes established by the Act. OGC continues to 

ensure that court filings meet all deadlines and rules imposed by the courts and has set as a performance 

target meeting 100 percent of these deadlines and rules. 

41 
 

 

 

 

 

 

-

Progress Update for FY 2021 

During FY 2021, the Commission met its goal to issue 100 percent of advisory opinions within the 

applicable 60- or 20-day statutory deadlines. During FY 2021, the Commission completed work on eleven 

AO requests and issued eight opinions in response to those requests.

30 All eleven AO requests that the 

Commission completed in FY 2021 were 60-day AORs (five of which received extended 

deadlines). These AOs addressed a variety of issues, including sale and use of contributor data, residential 

and personal security expenses for federal officeholders, an online contribution-processing platform, a 

federal officeholder serving as the chair of a state party committee and a sponsored advertising service. 

The average number of days from receipt of a complete AO request to Commission action on it was 79 

days.31 The Commission also provided legal guidance within statutory and court-ordered deadlines 100 

percent of the time. 

. 

Performance Goal 3-1: Provide timely legal guidance to the public. 

Key Indicator: Percent of legal guidance provided within statutory and court 

ordered deadlines. 

FY 2016 

Actual 

FY 2017 

Actual 

FY 2018 

Actual 

FY 2019 

Actual 

FY 2020 

Actual 

FY 2021 

Target 

FY 2021 

Actual 

FY 

2022 

Target 

FY 2023 

Target 

100%32 100%33 100%34 100%35 88%36 100% 100%37 100% 100% 

30 One advisory opinion request was withdrawn. And in two advisory opinion requests the Commission issued a 

closeout letter rather than an advisory opinion because a majority of Commissioners did not vote to approve a draft advisory 

opinion. 

31 This number is higher than usual because the Commission lacked a quorum to vote on advisory opinion requests 

during the first quarter of FY 2021 and requestors granted the Commission extensions until after it regained a quorum. 32 The Commission obtained extensions to consider six advisory opinion requests in FY 2016. 33 The Commission obtained extensions to consider seven advisory opinion requests in FY 2017. 34 The Commission obtained an extension to consider one advisory opinion request in FY 2018. 35 The Commission obtained extensions to consider six advisory opinion requests in FY 2019; two of those extensions 

were lengthened by the partial Federal government shutdown during the first and second quarters of FY 2019. 36 This corrects the figure in the 2020 Agency Financial Report, which indicated that 100% of legal guidance was 

provided within statutory and court-ordered deadlines. The Agency Financial Report did not take into account one 

rulemaking that the Commission approved after the statutory deadline, due to the lack of a Commission quorum for most of 

FY 2020. The Commission approved the rulemaking—which adjusted for inflation civil monetary penalties—in July 2020, 

when a quorum was briefly restored. 37 The Commission obtained extensions to consider five advisory opinion requests in FY 2021; one of those extensions 

was lengthened by the lack of a Commission quorum during the first quarter of FY 2021. 

42 
 

 

 

 

Supporting Indicators 3-1: 

Measure 

Name 

FY 2016 

Actual 

FY 2017 

Actual 

FY 2018 

Actual 

FY 2019 

Actual 

FY 2020 

Actual 

FY 2021 

Target 

FY 2021 

Actual 

FY 2022 

Target 

FY 2023 

Target 

Percent of 

advisory 

opinions 

issued within 

60-day and 

20-day 

statutory 

deadlines 

100%38 100%39 100%40 100%41 100%42 100% 100%43 100% 100% 

Percent of 

court filings 

that meet all 

deadlines and 

rules 

imposed by 

the courts 

100% 98% 99% 97% 98% 100% 100% 100% 100% 

38 The Commission obtained extensions to consider six advisory opinion requests in FY 2016. 

39 The Commission obtained extensions to consider seven advisory opinion requests in FY 2017. 40 The Commission obtained an extension to consider one advisory opinion request in FY 2018. 41 The Commission obtained extensions to consider six advisory opinion requests in FY 2019; two of those extensions 

were lengthened by the partial Federal government shutdown during the first and second quarters of FY 2019. 

42 Due to the lack of a quorum for most of FY 2020, the Commission sought extensions from all advisory opinion 

requestors. Two advisory opinion requestors declined to grant an extension and, once the deadline for responding to those 

requests expired, the Commission notified those requestors that it was unable to approve an advisory opinion by the required 

affirmative vote of four commissioners. 43 The Commission obtained extensions to consider five advisory opinion requests in FY 2021; one of those extensions 

was lengthened by the lack of a Commission quorum during the first quarter of FY 2021. 

43 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3C:2.4 Strategic Objective 4: Foster a Culture of High Performance 

Leaders: Deputy Staff Director for Management and Administration/Chief Human Capital Officer and 

Deputy Chief Information Officer, Enterprise Architecture 

One of the objectives from the FEC’s Strategic Plan, FY 2022-2026, Foster a Culture of High 

Performance, cuts across the organization and reflects the agency’s strategic priorities for improving the

efficiency and effectiveness of its workforce and management processes. The FEC’s primary measure of

success in developing and maintaining a result-driven workforce is at the program level: a workforce that 

delivers results will meet the internal performance targets set by the Commission. Supporting targets and 

results are detailed in the charts below. 

Strategies and Next Steps 

The Commission understands that the success of its programs depends upon the skills and commitment of 

its staff. To ensure the agency can recruit and retain the best talent in support of its mission, the agency 

will work to increase strategic outreach and recruitment efforts and to provide a fair, impartial, inclusive 

and accessible work environment. The FEC is also committed to continuously improving the performance 

of staff in support of the agency’s mission objectives. To ensure staff development opportunities and 

trainings are provided fairly, effectively and strategically in support of mission objectives, the FEC will 

develop and implement an agency-wide training program. 

The FEC is undertaking a multi-year IT modernization project to reduce overall costs to maintain the 

FEC’s systems and data, improve services provided to the public and better ensure the security of the 

FEC’s networks, systems and data. Ongoing improvements to the eFiling system will provide an

opportunity to migrate the eFiling data center to a cloud environment, reducing costs for the support and 

maintenance of the legacy eFiling physical data center. Migrating additional assets, including legacy 

applications used by FEC staff to perform their mission, to a cloud environment will result in improved 

efficiency and effectiveness of these systems and applications and help control the long-term costs of 

maintaining these systems and applications. 

In FY 2018, the FEC completed the migration of its website and one of its campaign finance databases 

from a physical datacenter to a cloud environment, allowing the agency to shut down one of its physical 

datacenters. This migration effort allowed the agency to reduce its physical datacenter footprint by 25 

percent. During FY 2020, the FEC conducted a study of its remaining legacy systems to develop a cloud 

migration plan for these legacy applications and systems. The cloud migration plan developed during FY 

2020 also included recommendations for migrating the FEC’s disaster recovery environment to a cloud 

environment and for migrating the FEC’s primary campaign finance database. 

In addition, the Commission’s records management program continues to make advancements. FY 2022 

will bring continued focus on updating the agency’s Records Management Program and training staff on 

the agency and governmentwide records schedules, policies and responsibilities. 

Progress Update for FY 2021 

In accordance with the Transition to Electronic Records Memorandum, which superseded the Managing 

Government Records Presidential Directive as of June 28, 2019, the Commission has made progress 

toward the Memorandum’s goal of managing all permanent records in an electronic format with 

44 
 

 

 

 

 

 

 

appropriate metadata by 2022. The Commission previously received approval from the Archivist of the 

United States for its National Archives and Records Administration (NARA) Form 1005 (NA-1005) 

Verification for Implementing GRS 6.1. This established the Commission’s agency-wide Email 

Management Policy via the Capstone approach. In support of that goal, the Commission has continued to 

develop the implementation of that policy. The Commission is still seeking approval of its January 2018 

request, pending with NARA, to electronically maintain all records associated with the Office of 

Alternative Dispute Resolution’s case files, as NARA seeks to finalize and formally add to its regulations

digitization standards applicable to paper records that are ultimately digitized. Further, to conform with 

Executive Order 13556, the Commission is also developing a Directive on Controlled Unclassified 

Information, which will develop a program to manage information that is not classified for national 

security purposes but nevertheless requires safeguarding or dissemination controls. 

The FEC began implementation of the FY 2020 cloud migration study’s recommendations in FY 2021 

and has completed the migration of its primary campaign finance database. It has also set a performance 

target to complete the migration of the legacy applications identified in the cloud migration plan during 

FY 2023 and start refactoring (or modernizing) the legacy system and processes to take advantage of 

cloud-native architecture. Migrating these legacy applications from physical datacenters to a cloud 

environment will reduce future costs for hosting these applications and lower costs for maintaining 

legacy systems in the FEC’s physical datacenters over time.

45 
-

Performance Goal 4-1: Foster a workforce that delivers results. 

Key Indicator: Commission required quarterly updates meet targeted performance 

goals. 

FY 2016 

Actual 

FY 2017 

Actual 

FY 2018 

Actual 

FY 2019 

Actual 

FY 2020 

Actual 

FY 2021 

Target 

FY 2021 

Actual 

FY 2022 

Target 

FY 2023 

Target 

76% 85% 73% 53%44 73%45 65% 87%46 65% 65% 

45 The agency’s performance under this measure was negatively impacted by the lack of a quorum for most of FY 

2020. 46 The agency’s ability to meet its target for this performance goal during FY 2021 was negatively impacted by staff

shortages and an unprecedented volume of filings received during the 2020 election cycle. 

46 

44 The agency’s ability to meet its target for this performance goal during FY 2019 was negatively impacted by the 

lapse in appropriations from December 22, 2018 to January 25, 2019. 
 

 

 

 

 

 

 

 

 

 

 

 

Supporting Indicators 4-1:47 

Measure FY 2016 FY FY FY 2019 FY 2020 FY 2021 FY 2021 FY 2022 FY 2023 

Name Actual 2017 2018 Actual Actual Target Actual Target Target 

Actual Actual 

Develop and 

implement an 

agency-wide 

training 

program 

N/A N/A N/A N/A N/A N/A N/A Evaluate 

current 

program 

and 

develop 

initial 

N/A 

recommen 

dations 

Increase N/A N/A N/A N/A N/A N/A N/A Evaluate N/A 

strategic current 

outreach and program 

recruitment and 

efforts to develop 

ensure the initial 

FEC recommen 

continues to dations 

attract and 

retain a 

diverse and 

highperforming 

workforce 

Meet 60% 70% 73% 76% 80% As 81% As As 

Records specified specified in specified 

Management in Presi- Presi- in PresiPresidential dential dential dential 

Directive Directive Directive Directive 

milestones 

Reduce N/A N/A 100% N/A N/A N/A N/A N/A 100% of 

reliance on targeted 

physical data applicati 

centers ons 

migrated 

to cloud 

3D: Implementation Factors 

3D:1 Major Management Priorities, Challenges and Risks 

The FEC identified in the agency’s FY 2022-2026 Strategic Plan a management objective, Foster a Culture 

of High Performance, that sets out strategies and measures designed to help the agency deliver greater 

impact through innovation, increase effectiveness and efficiency, and improve service. Detailed 

information about this Strategic Objective is available in section 3C:2.4, above. In addition, the 

One additional supporting indicator tied to the FEC’s previous strategic plan had a target for FY 2021. Average 

number of days to hire was assigned a FY 2021 target of 120 days. The FY 2021 actual result was 91 days, compared to 130 

days in FY 2020 and 132 days in FY 2019. 

47 

47 
 

 

 

Commission has identified management initiatives as strategic activities in the strategic plan to support 

its mission objectives where those activities are deemed crucial to the success of the objective. 

During FY 2021 the FEC partnered with the Office of Personnel Management’s HR Solutions to improve

the FEC’s staffing, classification and performance management processes. Goals for the FEC’s human

capital management processes are detailed in section 3C:2.4. 

Each year the FEC’s Inspector General (IG) is required to provide a summary and assessment of the

most serious management and performance challenges facing the FEC. In a memorandum dated October 

26, 2021, the IG identified five challenge facing management: 

• Growth of campaign spending 

• Identifying and regulating unlawful foreign contributions 

• COVID-19 pandemic 

• Senior leadership salary structure 

• Cybersecurity 

The IG’s assessment and the FEC’s response are included in the FEC’s FY 2021 Agency Financial Report, 

available on the FEC website at https://www.fec.gov/resources/cmscontent/documents/FY_2021_Agency_Financial_Report.pdf. 

3D:2 Data Validation and Verification 

OMB Circular A-136, as revised, and the GPRA Modernization Act of 2010 (GPRAMA) require each 

agency to describe the accuracy and reliability of the data used to measure progress toward its performance 

goals, including an identification of the means used to verify and validate the measured values and the 

source for the data. Agencies are encouraged to determine the appropriate frequency of data validation 

and verification (V&V) needed for the intended use and should allocate appropriate resources to carry out 

validation and verification on an appropriately periodic basis. 

Many of the FEC’s performance measures set goals for the timely completion of tasks that are either 

internally generated or triggered through requests, reports or complaints filed with the Commission. As a 

result, the universe of data the FEC must collect and verify to support its performance information is 

generally small, centrally located and easily verified. The FEC tracks data to support its performance 

measures through its internal databases and with spreadsheets maintained by program managers. In cases 

where performance is measured based on the timeframe for completing a decision, matter or inquiry, the 

universe of data to be measured and the dates on which performance milestones are reached are tracked 

electronically. Data provided by the agency’s litigation, policy, enforcement and compliance offices are 

reported at least quarterly to the Commission, which provides regular opportunities for the accuracy of 

the data to be verified. 

The FEC also tracks its performance in making campaign finance information available to the public. 

Reports filed with the FEC represent the largest universe of data the agency must consider in determining 

its performance. Campaign finance reports and statements filed electronically are made available on the 

FEC website nearly instantaneously, and reports and statements filed on paper with the FEC are placed 

on the FEC website within 48-hours of receipt. In addition, FEC staff process the data contained in 

48 
 

campaign finance reports so that the information can be accurately organized, categorized and searched 

in the agency’s databases. The FEC sets as a performance goal processing 95 percent of reports through 

its data and coding system within 30 days. The entry and completion dates for each report are retrievable 

through the FEC’s electronic systems. 

The FEC has completed a broad review of its methods for verifying and validating performance as part of 

its overall assessment of its strategic and performance plans. The FEC has identified senior-level staff and 

key managers to serve as goal leaders for each area of the strategic and performance plans. In addition, 

each strategic activity in the Strategic Plan has been assigned one or more program managers, who are 

responsible for the delivery and performance reporting of that activity. These managers will be serving as 

measure managers and data quality leads to ensure the completeness, consistency and accuracy of the 

reported data of their respective strategic activity. 

3E: Conclusion 

As described in this section, the FEC’s plans and strategies for FYs 2022 and 2023 are designed to ensure 

that the agency is well-prepared to provide full campaign finance transparency to the public despite the 

expected increase in campaign finance activity. 

49 
 

 

 

 

Office of Inspector General’s Fiscal Year 2023 Budget Request

The Inspector General Reform Act (Pub. L. 110-409) was signed by the President on 

October 14, 2008. Section 6(f)(1) of the Inspector General Act of 1978, 5 U.S.C. app., was amended to 

require certain specifications concerning Office of Inspector General (OIG) budget submissions each 

fiscal year. 

Each Inspector General (IG) is required to transmit a budget request to the head of the establishment or 

designated Federal entity to which the IG reports specifying: 

• the aggregate amount of funds requested for the operations of the OIG; 

• the portion of this amount requested for OIG training, including a certification from the IG 

that the amount requested satisfies all OIG training requirements for that fiscal year; and 

• the portion of this amount necessary to support the Council of the Inspectors General on 

Integrity and Efficiency (CIGIE). 

The head of each establishment or designated Federal entity, in transmitting a proposed budget to the 

President for approval, shall include: 

• an aggregate request for the OIG; 

• the portion of this aggregate request for OIG training; 

• the portion of this aggregate request for support of the CIGIE; and 

• any comments of the affected IG with respect to the proposal. 

The President shall include in each budget of the U.S. Government submitted to Congress: 

• a separate statement of the budget estimate submitted by each IG; 

• the amount requested by the President for each OIG; 

• the amount requested by the President for training of OIGs; 

• the amount requested by the President for support of the CIGIE; and 

• any comments of the affected IG with respect to the proposal if the IG concludes that the budget 

submitted by the President would substantially inhibit the IG from performing the duties of the 

OIG. 

Accordingly, the FEC OIG requests an earmark within the FEC’s budget appropriation of not less 

than $2,211,376 for fiscal year 2023, to include: 

• $2,211,376 in the aggregate for the operations of the OIG; 

• $50,000 of that amount for OIG training; and 

• $7,961 of that amount to support the CIGIE. 

I, Christopher L. Skinner, certify as the IG of the Federal Election Commission that the amount I have 

requested for training satisfies all OIG training requirements for fiscal year 2023. 

50 
 

OIG Summary of Outstanding FEC Audit Recommendations 

The Good Accounting Obligation in Government Act requires each agency to include, in its annual 

budget justification, a report that identifies each public recommendation issued by the agency's 

inspectors general (IGs) which has remained unimplemented for one year or more from the annual 

budget justification submission date. Accordingly, the OIG reports a total of 10 open recommendations 

with the FY23 budget justification. 

OIG Audits/Inspections 

Reviews/Investigations 

Total 

Recommendations 

Total 

Closed 

Total Open as of 

Feb 2022 

2010 Follow-up Audit of Privacy 

and Data Protection 

10 years outstanding 

9 4 5 

Inspection of the FEC’s Disaster

Recovery Plan and Continuity of 

Operations Plans 

9 years outstanding 

3 1 2 

TranServe Special Review 

1.5 years outstanding 3 0 3 

Total Outstanding Recommendations 1048 

51 

48 The OIG notes 15 additional recommendations from two audits and two investigations that are less than one 

year old, resulting in a total of 25 open recommendations to date.