Principal Differences Between Proposed Federal Election Administration

And Current Federal Election Commission

1. Composition of the Agency
Current: The Federal Election Commission (FEC) is composed of six Commissioners,
no more than three of whom can come from one political party. This has resulted, as a
practical matter, in an FEC composed of three Democrats and three Republicans. The
Commissioners are appointed by the President with the advice and consent of the Senate.
The position of FEC Chairman rotates on an annual basis among the six Commissioners
and does not have the authority to manage the agency.
Proposed: The Federal Election Administration (FEA) will consist of a Chairman and
four additional members, all of whom are appointed by the President with the advice and
consent of the Senate. The Chairman will serve a term of ten years and will have broad
powers to manage and administer the agency, including the power to hire the staff
director and general counsel, and to set the budget for the agency. The four other
members will each serve staggered six year terms. No more than two members of the
agency can be from the same political party.
2. Use of Administrative Law Judges
Current: All decisions on enforcement matters are made by a majority vote of the six
commissioners. The FEC does not make use of administrative law judges.
Proposed: Enforcement proceedings for violations of campaign finance laws will be
conducted before impartial administrative law judges, similar to other agencies (such as
the Securities and Exchange Commission, the Environmental Protection Agency and the
National Labor Relations Board).
An administrative law judge (ALJ) will conduct an enforcement proceeding after the
five-member FEA, by majority vote, makes an initial determination to pursue an
enforcement action. The FEA general counsel will represent the FEA in enforcement
proceedings. The ALJ will have the authority to make findings of fact and reach
conclusions of law. The general counsel and any respondent will have the right to appeal
an ALJ decision to the five-member FEA. The decision of the FEA regarding such an
appeal will constitute final agency action and be subject to judicial review.
3. Powers
Current: The FEC, unlike a number of other agencies, has no power to find that
violations of law have occurred or to impose penalties or other sanctions. After
conducting an investigation and reaching a conclusion that probable cause exists to
believe a violation has occurred, the FEC can resolve the matter only by reaching a

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conciliation agreement with the alleged violator or by bringing a lawsuit to obtain a court
decision that a violation has occurred and seek court-imposed civil penalties and
sanctions.
Proposed: An ALJ will have the authority to find that violations of law have occurred,
and to impose civil penalties and issue cease and desist orders, subject to an appeal to the
FEA. The decision by the FEA regarding such an appeal will constitute final agency
action and be subject to judicial review. If a decision by an ALJ is not appealed it will
constitute final agency action. The FEA will have the authority to apply to a federal
district court for a temporary restraining order or preliminary injunction to prevent
violations of law that would result in substantial harm to the public interest.
4. Funding
Current: The budget of the FEC is established by Congress based on a budget request
submitted by the Office of Management and Budget (OMB). A copy of the budget
proposal submitted by the FEC to OMB is authorized to be sent by the FEC to Congress.
Proposed: The budget of the FEA will be established by Congress based on a budget
request prepared by the FEA chairman and submitted directly to Congress. The GAO
will conduct periodic studies of the funding of FEA and submit recommendations to
Congress on the level of funding necessary to provide adequate resources for the FEA to
fulfill its statutory responsibilities.
5. Other Responsibilities
Current: The FEC has the responsibilities to administer the campaign finance disclosure
laws and the presidential public financing system, and to issue regulations and advisory
opinions.
Proposed: The FEA will have the same responsibilities to administer the campaign
finance disclosure laws and the presidential public financing system, and to issue
regulations and advisory opinions. The FEA also will have the authority to conduct a
limited number of random audits of campaign committees.