The State of Campaign Finance Policy: Recent Developments and Issues for Congress

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The State of Campaign Finance Policy:
September September 712, 2023 , 2023
Recent Developments and Issues for Congress
R. Sam Garrett
Major changes have occurred in campaign finance policy since 2002, when Congress Major changes have occurred in campaign finance policy since 2002, when Congress
Specialist in American Specialist in American
substantially amended campaign finance law via the Bipartisan Campaign Reform Act (BCRA). substantially amended campaign finance law via the Bipartisan Campaign Reform Act (BCRA).
National Government National Government
The Supreme Court’s 2010 ruling in The Supreme Court’s 2010 ruling in Citizens United and a related lower-court decision, and a related lower-court decision,

SpeechNow.org v. FEC, arguably represent the most fundamental changes to campaign finance , arguably represent the most fundamental changes to campaign finance
law in decades. law in decades. Citizens United lifted a previous ban on corporate (and union) independent lifted a previous ban on corporate (and union) independent

expenditures advocating election or defeat of candidates. expenditures advocating election or defeat of candidates. SpeechNow permitted unlimited permitted unlimited
contributions supporting such expenditures and facilitated the advent of super PACs. Although campaign finance policy contributions supporting such expenditures and facilitated the advent of super PACs. Although campaign finance policy
remains the subject of intense debate and public interest, there have been few recent major legislative or regulatory changes. remains the subject of intense debate and public interest, there have been few recent major legislative or regulatory changes.
In recent Congresses, both major parties have proposed campaign finance bills, but none has become law. Most legislative In recent Congresses, both major parties have proposed campaign finance bills, but none has become law. Most legislative
activity has emphasized alternative omnibus elections bills that have included campaign finance provisions. Thus far during activity has emphasized alternative omnibus elections bills that have included campaign finance provisions. Thus far during
the 118th Congress, the 118th Congress, no campaign finance legislation has become law. On September 7, 2023, S. 2747 (Klobuchar) passed the Senate, by voice vote, the same day it was introduced. The legislation would extend the Federal Election Commission’s (FEC’s) Administrative Fine Program until 2033. On July 13, 2023, the Committee on House Administration ordered reported H.R. 4563 (Steil), the American Confidence in the Committee on House Administration ordered reported H.R. 4563 (Steil), the American Confidence in
Elections (ACE) Act. Legislative or oversight hearings at some other committees, in both chambers, also have addressed Elections (ACE) Act. Legislative or oversight hearings at some other committees, in both chambers, also have addressed
campaign finance topics. Although most campaign finance legislation proposes to amend the Federal Election Campaign Act campaign finance topics. Although most campaign finance legislation proposes to amend the Federal Election Campaign Act
(FECA), provisions in recent appropriations laws also have required or prohibited some reporting requirements surrounding (FECA), provisions in recent appropriations laws also have required or prohibited some reporting requirements surrounding
contributions, expenditures, or foreign interference in U.S. campaigns.contributions, expenditures, or foreign interference in U.S. campaigns.
Post- Post-Citizens United, debate over disclosure and deregulation have been recurring themes in Congress and beyond. , debate over disclosure and deregulation have been recurring themes in Congress and beyond.
Legislation to require additional information about the flow of money among various donors, the DISCLOSE Act, passed the Legislation to require additional information about the flow of money among various donors, the DISCLOSE Act, passed the
House during the 111th Congress and was reintroduced during subsequent Congresses. Congress also has considered House during the 111th Congress and was reintroduced during subsequent Congresses. Congress also has considered
alternatives that include some elements of DISCLOSE and proposals that would require additional disclosure from certain alternatives that include some elements of DISCLOSE and proposals that would require additional disclosure from certain
groups regulated primarily under Section 501(c) of the Internal Revenue Code (tax law). Omnibus elections bills that passed groups regulated primarily under Section 501(c) of the Internal Revenue Code (tax law). Omnibus elections bills that passed
the House in the 117th Congress (H.R. 1) and the 116th Congress (H.R. 1) also contained DISLCOSE provisions. The debate the House in the 117th Congress (H.R. 1) and the 116th Congress (H.R. 1) also contained DISLCOSE provisions. The debate
over whether or how additional disclosure is needed has also extended to the Federal Election Commission—and over whether or how additional disclosure is needed has also extended to the Federal Election Commission—and
congressional oversight of the agency—and the courts. congressional oversight of the agency—and the courts.
During the same period, statutory and judicial changes eased some contribution limits and affected the presidential public During the same period, statutory and judicial changes eased some contribution limits and affected the presidential public
financing program. Most consequentially, the Supreme Court invalidated aggregate contribution limits in April 2014 financing program. Most consequentially, the Supreme Court invalidated aggregate contribution limits in April 2014
((McCutcheon v. FEC). Also in 2014, Congress and President Obama terminated public funding for presidential nominating ). Also in 2014, Congress and President Obama terminated public funding for presidential nominating
conventions (P.L. 113-94). Congress responded to these events by including language in the FY2015 omnibus appropriations conventions (P.L. 113-94). Congress responded to these events by including language in the FY2015 omnibus appropriations
law (P.L. 113-235) that increased limits for some contributions to political party committees, including for conventions. More law (P.L. 113-235) that increased limits for some contributions to political party committees, including for conventions. More
recently, in May 2022recently, in May 2022 ((Federal Election Commission v. Ted Cruz for Senate), the Court invalidated a FECA limit on the ), the Court invalidated a FECA limit on the
amount of post-election campaign contributions that could be used to repay loans from the candidate to the campaign. amount of post-election campaign contributions that could be used to repay loans from the candidate to the campaign.
This report considers these and other developments in campaign finance policy and comments on areas of potential conflict This report considers these and other developments in campaign finance policy and comments on areas of potential conflict
and consensus. This report emphasizes issues that have been most prominent in recent Congresses. It also discusses major and consensus. This report emphasizes issues that have been most prominent in recent Congresses. It also discusses major
elements of campaign finance policy. This report will be updated occasionally to reflect major developments. elements of campaign finance policy. This report will be updated occasionally to reflect major developments.
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The State of Campaign Finance Policy: Recent Developments and Issues for Congress

Introduction
Federal law has regulated money in elections for more than a century.1 Concerns about limiting Federal law has regulated money in elections for more than a century.1 Concerns about limiting
the potential for corruption and informing voters have been at the heart of that law and related the potential for corruption and informing voters have been at the heart of that law and related
regulations and judicial decisions. Restrictions on private money in campaigns, particularly large regulations and judicial decisions. Restrictions on private money in campaigns, particularly large
contributions, have been a common theme throughout the history of federal campaign finance contributions, have been a common theme throughout the history of federal campaign finance
law. The roles of corporations, unions, interest groups, and private funding from individuals have law. The roles of corporations, unions, interest groups, and private funding from individuals have
attracted consistent regulatory attention. Congress has also required that certain information about attracted consistent regulatory attention. Congress has also required that certain information about
campaigns’ financial transactions be made public. Collectively, three principles embodied in this campaigns’ financial transactions be made public. Collectively, three principles embodied in this
regulatory tradition—limits on sources of funds, limits on contributions, and disclosure of regulatory tradition—limits on sources of funds, limits on contributions, and disclosure of
information about these funds—constitute ongoing themes in federal campaign finance policy. information about these funds—constitute ongoing themes in federal campaign finance policy.
Throughout most of the 20th century, campaign finance policy was marked by broad legislation Throughout most of the 20th century, campaign finance policy was marked by broad legislation
enacted sporadically. Major legislative action on campaign finance issues remains rare. Since the enacted sporadically. Major legislative action on campaign finance issues remains rare. Since the
1990s, however, momentum on federal campaign finance policy, including regulatory and judicial 1990s, however, momentum on federal campaign finance policy, including regulatory and judicial
action, has arguably increased. Congress last enacted major campaign finance legislation in 2002. action, has arguably increased. Congress last enacted major campaign finance legislation in 2002.
The Bipartisan Campaign Reform Act (BCRA) largely banned unregulated The Bipartisan Campaign Reform Act (BCRA) largely banned unregulated soft money2 in federal 2 in federal
elections and restricted funding sources for pre-election broadcast advertising known as elections and restricted funding sources for pre-election broadcast advertising known as
electioneering communications. As BCRA was implemented, regulatory developments at the . As BCRA was implemented, regulatory developments at the
Federal Election Commission (FEC), and some court cases, stirred controversy and renewed Federal Election Commission (FEC), and some court cases, stirred controversy and renewed
popular and congressional attention to campaign finance issues. Since BCRA, Congress has also popular and congressional attention to campaign finance issues. Since BCRA, Congress has also
continued to explore legislative options and has made comparatively minor amendments to the continued to explore legislative options and has made comparatively minor amendments to the
nation’s campaign finance law. The most substantial recent statutory changes occurred in 2014, nation’s campaign finance law. The most substantial recent statutory changes occurred in 2014,
when Congress eliminated public financing for presidential nominating conventions and when Congress eliminated public financing for presidential nominating conventions and
increased limits for some contributions to political parties. increased limits for some contributions to political parties.
Some of the most notable campaign finance developments beyond Congress have occurred at the Some of the most notable campaign finance developments beyond Congress have occurred at the
Supreme Court. The 2010 Supreme Court. The 2010 Citizens United ruling spurred substantial legislative action during the ruling spurred substantial legislative action during the

1 The 1907 Tillman Act (34 Stat. 864), which prohibited federal contributions from nationally chartered banks and 1 The 1907 Tillman Act (34 Stat. 864), which prohibited federal contributions from nationally chartered banks and
corporations, is generally regarded as the first major federal campaign finance law. Congress extended those corporations, is generally regarded as the first major federal campaign finance law. Congress extended those
restrictions to unions temporarily in 1943 and, permanently, in 1947, with the Smith-Connolly (57 Stat. 163; 57 Stat. restrictions to unions temporarily in 1943 and, permanently, in 1947, with the Smith-Connolly (57 Stat. 163; 57 Stat.
167) and Taft-Hartley Acts (61 Stat. 136; 61 Stat. 159) respectively. The 1925 Federal Corrupt Practices Act (43 Stat. 167) and Taft-Hartley Acts (61 Stat. 136; 61 Stat. 159) respectively. The 1925 Federal Corrupt Practices Act (43 Stat.
1070) was arguably the first federal statute combining multiple campaign finance provisions, particularly disclosure 1070) was arguably the first federal statute combining multiple campaign finance provisions, particularly disclosure
requirements first enacted in 1910 and 1911 (36 Stat. 822 and 37 Stat. 25). An 1867 statute barred requiring political requirements first enacted in 1910 and 1911 (36 Stat. 822 and 37 Stat. 25). An 1867 statute barred requiring political
contributions from naval yard workers (14 Stat. 489 (March 2, 1867)). This appears to be the first federal law contributions from naval yard workers (14 Stat. 489 (March 2, 1867)). This appears to be the first federal law
concerning campaign finance. The Pendleton Act (22 Stat. 403), which created the civil service system is also concerning campaign finance. The Pendleton Act (22 Stat. 403), which created the civil service system is also
sometimes cited as an early campaign finance measure because it banned receiving a public office in exchange for a sometimes cited as an early campaign finance measure because it banned receiving a public office in exchange for a
political contributions (see 22 Stat. 404). For additional historical discussion of the evolution of campaign finance law political contributions (see 22 Stat. 404). For additional historical discussion of the evolution of campaign finance law
and policy, see Anthony Corrado et al., and policy, see Anthony Corrado et al., The New Campaign Finance Sourcebook (Washington, DC: Brookings (Washington, DC: Brookings
Institution Press, 2005), pp. 7-47. See also, for example, Kurt Hohenstein, Institution Press, 2005), pp. 7-47. See also, for example, Kurt Hohenstein, Coining Corruption: The Making of the
American Campaign Finance System (DeKalb, IL: Northern Illinois University Press, 2007), Robert E. Mutch, (DeKalb, IL: Northern Illinois University Press, 2007), Robert E. Mutch,
Campaigns, Congress, and Courts: The Making of Federal Campaign Finance Law (New York: Praeger, 1988), Robert (New York: Praeger, 1988), Robert
E. Mutch, E. Mutch, Buying the Vote: A History of Campaign Finance Reform (New York: Oxford University Press, 2014), (New York: Oxford University Press, 2014),
Raymond J. La Raja, Raymond J. La Raja, Small Change: Money, Political Parties, and Campaign Finance Reform (Ann Arbor, MI: (Ann Arbor, MI:
University of Michigan Press, 2008), pp. 43-80, and University of Michigan Press, 2008), pp. 43-80, and Money and Politic$, ed. Paula Baker (University Park, PA: The , ed. Paula Baker (University Park, PA: The
Pennsylvania State University Press, 2002). On the federal role in campaigns versus elections, see CRS Report R45302, Pennsylvania State University Press, 2002). On the federal role in campaigns versus elections, see CRS Report R45302,
Federal Role in U.S. Campaigns and Elections: An Overview, by R. Sam Garrett. , by R. Sam Garrett.
2 2 Soft money is a term of art referring to funds generally believed to influence federal elections but not regulated under is a term of art referring to funds generally believed to influence federal elections but not regulated under
federal election law. Soft money stands in contrast to federal election law. Soft money stands in contrast to hard money. The latter is a term of art referring to funds that are . The latter is a term of art referring to funds that are
generally subject to regulation under federal election law, such as restrictions on funding sources and contribution generally subject to regulation under federal election law, such as restrictions on funding sources and contribution
amounts. These terms are not defined in federal election law. For an overview, see, for example, David B. Magleby, amounts. These terms are not defined in federal election law. For an overview, see, for example, David B. Magleby,
“Outside Money in the 2002 Congressional Elections,” in “Outside Money in the 2002 Congressional Elections,” in The Last Hurrah? Soft Money and Issue Advocacy in the
2002 Congressional Elections, ed. David B. Magleby and J. Quin Monson (Washington: Brookings Institution Press, , ed. David B. Magleby and J. Quin Monson (Washington: Brookings Institution Press,
2004), pp. 10-13. 2004), pp. 10-13.
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111th Congress and continued interest during subsequent Congresses.3 In another 2010 decision, 111th Congress and continued interest during subsequent Congresses.3 In another 2010 decision,
SpeechNow.org v. Federal Election Commission, the U.S. Court of Appeals for the District of , the U.S. Court of Appeals for the District of
Columbia held that contributions to political action committees (PACs) that make only Columbia held that contributions to political action committees (PACs) that make only
independent expenditures cannot be limited—a development that led to formation of “super independent expenditures cannot be limited—a development that led to formation of “super
PACs.” Both decisions continue to shape campaign finance policy debates and options. As noted PACs.” Both decisions continue to shape campaign finance policy debates and options. As noted
later in this report, rulings in 2014 (later in this report, rulings in 2014 (McCutcheon) and 2022 () and 2022 (Ted Cruz for Senate) addressed ) addressed
narrower regulatory topics but nonetheless continue to affect policy options. narrower regulatory topics but nonetheless continue to affect policy options.
This report is intended to provide an accessible overview of major policy issues facing Congress. This report is intended to provide an accessible overview of major policy issues facing Congress.
Citations to other CRS products, which provide additional information, appear where relevant.4 Citations to other CRS products, which provide additional information, appear where relevant.4
The report discusses selected litigation to demonstrate how those events have changed the The report discusses selected litigation to demonstrate how those events have changed the
campaign finance landscape and affected the policy issues that may confront Congress, but it is campaign finance landscape and affected the policy issues that may confront Congress, but it is
not a constitutional or legal analysis. As in the past, this version of the report contains both not a constitutional or legal analysis. As in the past, this version of the report contains both
additions of new material and deletions of old material compared with previous versions.5 This additions of new material and deletions of old material compared with previous versions.5 This
update emphasizes those topics that appear to be most relevant for Congress, while also providing update emphasizes those topics that appear to be most relevant for Congress, while also providing
historical background that is broadly applicable. This report will be updated occasionally as historical background that is broadly applicable. This report will be updated occasionally as
events warrant. events warrant.
Development of Modern Campaign Finance Law
Policy Background
Dozens or hundreds of campaign finance bills have been introduced in each Congress since the Dozens or hundreds of campaign finance bills have been introduced in each Congress since the
1970s. Nonetheless, major changes in campaign finance law have been rare. A generation passed 1970s. Nonetheless, major changes in campaign finance law have been rare. A generation passed
between the Federal Election Campaign Act (FECA) and BCRA, the two most prominent between the Federal Election Campaign Act (FECA) and BCRA, the two most prominent
campaign finance statutes of the past 50 years. Federal courts and the FEC played active roles in campaign finance statutes of the past 50 years. Federal courts and the FEC played active roles in
interpreting and implementing both statutes and others. Over time and in all facets of the policy interpreting and implementing both statutes and others. Over time and in all facets of the policy
process, anti-corruption themes have been consistently evident. Specifically, federal campaign process, anti-corruption themes have been consistently evident. Specifically, federal campaign
finance law seeks to limit corruption or apparent corruption in the lawmaking process that might finance law seeks to limit corruption or apparent corruption in the lawmaking process that might
result from monetary contributions. Campaign finance law also seeks to inform voters about result from monetary contributions. Campaign finance law also seeks to inform voters about
sources and amounts of contributions. In general, Congress has attempted to limit potential sources and amounts of contributions. In general, Congress has attempted to limit potential
corruption and increase voter information through two major policy approaches corruption and increase voter information through two major policy approaches
• limiting sources and amounts of financial contributions, and • limiting sources and amounts of financial contributions, and
• requiring disclosure about contributions and expenditures. • requiring disclosure about contributions and expenditures.
Another hallmark of the nation’s campaign finance policy concerns spending restrictions. Another hallmark of the nation’s campaign finance policy concerns spending restrictions.
Congress has occasionally placed restrictions on the amount candidates can spend, as it did Congress has occasionally placed restrictions on the amount candidates can spend, as it did
initially through FECA. Today, candidates and political committees can generally spend unlimited initially through FECA. Today, candidates and political committees can generally spend unlimited

3 For additional discussion of activity during the 111th Congress, see CRS Report R41054, 3 For additional discussion of activity during the 111th Congress, see CRS Report R41054, Campaign Finance Policy
After Citizens United v. Federal Election Commission: Issues and Options for Congress, by R. Sam Garrett; and CRS , by R. Sam Garrett; and CRS
Report R41264, Report R41264, The DISCLOSE Act: Overview and Analysis, by R. Sam Garrett, L. Paige Whitaker, and Erika K. , by R. Sam Garrett, L. Paige Whitaker, and Erika K.
Lunder. Lunder.
4 As explained in the text, this report does not address constitutional or legal issues except to provide policy context. 4 As explained in the text, this report does not address constitutional or legal issues except to provide policy context.
For additional discussion, see, in particular, CRS Report R46521, For additional discussion, see, in particular, CRS Report R46521, Political Campaign Contributions and Congress: A
Legal Primer, by L. Paige Whitaker; and CRS Report R45320, , by L. Paige Whitaker; and CRS Report R45320, Campaign Finance Law: An Analysis of Key Issues,
Recent Developments, and Constitutional Considerations for Legislation, by L. Paige Whitaker. , by L. Paige Whitaker.
5 Congressional requesters may contact the author for additional information. 5 Congressional requesters may contact the author for additional information.
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amounts on their campaigns, as long as those funds are not coordinated with other parties or amounts on their campaigns, as long as those funds are not coordinated with other parties or
candidates.6 candidates.6
The Federal Election Campaign Act (FECA)
Modern campaign finance law was largely shaped in the 1970s, particularly through FECA.7 First Modern campaign finance law was largely shaped in the 1970s, particularly through FECA.7 First
enacted in 1971 and substantially amended in 1974, 1976, and 1979, FECA remains the enacted in 1971 and substantially amended in 1974, 1976, and 1979, FECA remains the
foundation of the nation’s campaign finance law.8 As originally enacted, FECA subsumed foundation of the nation’s campaign finance law.8 As originally enacted, FECA subsumed
previous campaign finance statutes, such as the 1925 Corrupt Practices Act, which, by the 1970s, previous campaign finance statutes, such as the 1925 Corrupt Practices Act, which, by the 1970s,
were largely regarded as ineffective, antiquated, or both.9 The 1971 FECA principally mandated were largely regarded as ineffective, antiquated, or both.9 The 1971 FECA principally mandated
reporting requirements similar to those in place today, such as quarterly disclosure of a political reporting requirements similar to those in place today, such as quarterly disclosure of a political
committee’s receipts and expenditures. Subsequent amendments to FECA played a major role in committee’s receipts and expenditures. Subsequent amendments to FECA played a major role in
shaping campaign finance policy as it is understood today. In brief shaping campaign finance policy as it is understood today. In brief
• Among other requirements, the 1974 amendments, enacted in response to the • Among other requirements, the 1974 amendments, enacted in response to the
Watergate scandal, placed contribution and spending limits on campaigns. The Watergate scandal, placed contribution and spending limits on campaigns. The
1974 amendments also established the FEC. 1974 amendments also established the FEC.
• After the 1974 amendments were enacted, the first in a series of prominent legal • After the 1974 amendments were enacted, the first in a series of prominent legal
challenges (most of which are beyond the scope of this report) came before the challenges (most of which are beyond the scope of this report) came before the
Supreme Court of the United States.10 In its landmark Supreme Court of the United States.10 In its landmark Buckley v. . Valeo (1976) (1976)
ruling, the Court declared mandatory spending limits unconstitutional (except for ruling, the Court declared mandatory spending limits unconstitutional (except for
publicly financed presidential candidates) and invalidated the original publicly financed presidential candidates) and invalidated the original
appointment structure for the FEC. appointment structure for the FEC.
• Congress responded to • Congress responded to Buckley through the 1976 FECA amendments, which through the 1976 FECA amendments, which
reconstituted the FEC, established new contribution limits, and addressed various reconstituted the FEC, established new contribution limits, and addressed various
PAC and presidential public financing issues. PAC and presidential public financing issues.
• The 1979 amendments simplified reporting requirements for some political • The 1979 amendments simplified reporting requirements for some political
committees and individuals. committees and individuals.
To summarize, the 1970s were devoted primarily to establishing and testing limits on To summarize, the 1970s were devoted primarily to establishing and testing limits on
contributions and expenditures, creating a disclosure regime, and constructing the FEC to contributions and expenditures, creating a disclosure regime, and constructing the FEC to
administer the nation’s campaign finance laws. administer the nation’s campaign finance laws.
Despite minor amendments, FECA remained essentially uninterrupted for the next 20 years. Despite minor amendments, FECA remained essentially uninterrupted for the next 20 years.
Although there were relatively narrow legislative changes to FECA and other statutes, such as the Although there were relatively narrow legislative changes to FECA and other statutes, such as the

6 6 Political committees include candidate committees, party committees, and PACs. See 52 U.S.C. §30101 (previously include candidate committees, party committees, and PACs. See 52 U.S.C. §30101 (previously
codified at 2 U.S.C. §431(4), as explained later in this report). codified at 2 U.S.C. §431(4), as explained later in this report).
7 FECA is 52 U.S.C. §30101 et seq. (previously codified at 2 U.S.C. §431 et seq.). Congress first addressed modern 7 FECA is 52 U.S.C. §30101 et seq. (previously codified at 2 U.S.C. §431 et seq.). Congress first addressed modern
campaign finance issues in the 1970s through the 1971 Revenue Act, which established the presidential public campaign finance issues in the 1970s through the 1971 Revenue Act, which established the presidential public
financing program. The 1970s are primarily remembered, however, for enactment of and amendments to FECA. See financing program. The 1970s are primarily remembered, however, for enactment of and amendments to FECA. See
CRS Report RL34534, CRS Report RL34534, Public Financing of Presidential Campaigns: Overview and Analysis, by R. Sam Garrett. , by R. Sam Garrett.
8 On the 1971 FECA, see P.L. 92-225. On the 1974, 1976, and 1979 amendments, see P.L. 93-443, P.L. 94-283, and 8 On the 1971 FECA, see P.L. 92-225. On the 1974, 1976, and 1979 amendments, see P.L. 93-443, P.L. 94-283, and
P.L. 96-187 respectively. P.L. 96-187 respectively.
9 The Corrupt Practices Act, which FECA generally supersedes, is 43 Stat. 1070. 9 The Corrupt Practices Act, which FECA generally supersedes, is 43 Stat. 1070.
10 For additional discussion, see CRS Report R43719, 10 For additional discussion, see CRS Report R43719, Campaign Finance: Constitutionality of Limits on Contributions
and Expenditures, by L. Paige Whitaker. , by L. Paige Whitaker.
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1986 repeal11 of tax credits for political contributions, much of the debate during the 1980s and 1986 repeal11 of tax credits for political contributions, much of the debate during the 1980s and
early 1990s focused on the role of interest groups, especially PACs.12 early 1990s focused on the role of interest groups, especially PACs.12
The Bipartisan Campaign Reform Act (BCRA) and Beyond
By the 1990s, attention began to shift to perceived loopholes in FECA. Two issues—soft money By the 1990s, attention began to shift to perceived loopholes in FECA. Two issues—soft money
and issue advocacy (issue advertising)—were especially prominent. and issue advocacy (issue advertising)—were especially prominent. Soft money is a term of art is a term of art
referring to funds generally perceived to influence elections but not regulated by campaign referring to funds generally perceived to influence elections but not regulated by campaign
finance law. At the federal level before BCRA, soft money came principally in the form of large finance law. At the federal level before BCRA, soft money came principally in the form of large
contributions from otherwise prohibited sources, and went to party committees for “party-contributions from otherwise prohibited sources, and went to party committees for “party-
building” activities that indirectly supported elections. Similarly, building” activities that indirectly supported elections. Similarly, issue advocacy traditionally fell traditionally fell
outside FECA regulation because these advertisements praised or criticized a federal candidate—outside FECA regulation because these advertisements praised or criticized a federal candidate—
often by urging voters to contact the candidate—but did not explicitly call for election or defeat often by urging voters to contact the candidate—but did not explicitly call for election or defeat
of the candidate (which would be of the candidate (which would be express advocacy). ).
In response to these and other concerns, BCRA specified several reforms.13 Among other In response to these and other concerns, BCRA specified several reforms.13 Among other
provisions, the act banned national parties, federal candidates, and officeholders from raising soft provisions, the act banned national parties, federal candidates, and officeholders from raising soft
money in federal elections; increased most contribution limits; and placed additional restrictions money in federal elections; increased most contribution limits; and placed additional restrictions
on pre-election issue advocacy. Specifically, the act’s on pre-election issue advocacy. Specifically, the act’s electioneering communications provision provision
prohibited corporations and unions from using their treasury funds to air broadcast ads referring prohibited corporations and unions from using their treasury funds to air broadcast ads referring
to clearly identified federal candidates within 60 days of a general election or 30 days of a to clearly identified federal candidates within 60 days of a general election or 30 days of a
primary election or caucus.14 primary election or caucus.14
After Congress enacted BCRA, momentum on federal campaign finance policy issues arguably After Congress enacted BCRA, momentum on federal campaign finance policy issues arguably
shifted to the FEC and the courts. Implementing and interpreting BCRA were especially shifted to the FEC and the courts. Implementing and interpreting BCRA were especially
prominent issues. Noteworthy post-BCRA events include the following: prominent issues. Noteworthy post-BCRA events include the following:
• The Supreme Court upheld most of BCRA’s provisions in a 2003 facial challenge • The Supreme Court upheld most of BCRA’s provisions in a 2003 facial challenge
( (McConnell v. Federal Election Commission).15 ).15
• Over time, the Court held aspects of BCRA unconstitutional as applied to • Over time, the Court held aspects of BCRA unconstitutional as applied to
specific circumstances. These included a 2008 ruling related to additional specific circumstances. These included a 2008 ruling related to additional
fundraising permitted for congressional candidates facing self-financed fundraising permitted for congressional candidates facing self-financed
opponents (the “Millionaire’s Amendment,” opponents (the “Millionaire’s Amendment,” Davis v. Federal Election
Commission) and a 2007 ruling on the electioneering communication provision’s ) and a 2007 ruling on the electioneering communication provision’s
restrictions on advertising by a 501(c)(4) advocacy organization (restrictions on advertising by a 501(c)(4) advocacy organization (Wisconsin Right
to Life v. Federal Election Commission).16 ).16
• Since 2002, the FEC has undertaken several rulemakings related to BCRA and • Since 2002, the FEC has undertaken several rulemakings related to BCRA and
other topics. Complicated subject matter, protracted debate among other topics. Complicated subject matter, protracted debate among

11 See P.L. 99-514 §112. Congress repealed a tax deduction for political contributions in 1978. See P.L. 95-600 §113. 11 See P.L. 99-514 §112. Congress repealed a tax deduction for political contributions in 1978. See P.L. 95-600 §113.
12 See, for example, Robert E. Mutch, 12 See, for example, Robert E. Mutch, Campaigns, Congress, and Courts: The Making of Federal Campaign Finance
Law (New York: Praeger, 1988); and (New York: Praeger, 1988); and Risky Business? PAC Decisionmaking in Congressional Elections, ed. Robert , ed. Robert
Biersack, Clyde S. Wilcox, and Paul S. Herrnson (Armonk, NY: M.E. Sharpe, 1994). Biersack, Clyde S. Wilcox, and Paul S. Herrnson (Armonk, NY: M.E. Sharpe, 1994).
13 BCRA is P.L. 107-155; 116 Stat. 81. BCRA amended FECA, which appears at 52 U.S.C. §30101 13 BCRA is P.L. 107-155; 116 Stat. 81. BCRA amended FECA, which appears at 52 U.S.C. §30101 et seq. (previously . (previously
codified at 2 U.S.C. §431 codified at 2 U.S.C. §431 et seq.) BCRA is also known as .) BCRA is also known as McCain-Feingold. .
14 On the definition of 14 On the definition of electioneering communications, see 52 U.S.C. §30104 (previously codified at 2 U.S.C. §434 , see 52 U.S.C. §30104 (previously codified at 2 U.S.C. §434
(f)(3)). (f)(3)).
15 For additional discussion, see CRS Report R43719, 15 For additional discussion, see CRS Report R43719, Campaign Finance: Constitutionality of Limits on Contributions
and Expenditures, by L. Paige Whitaker. , by L. Paige Whitaker.
16 For additional discussion, see CRS Report R43719, 16 For additional discussion, see CRS Report R43719, Campaign Finance: Constitutionality of Limits on Contributions
and Expenditures, by L. Paige Whitaker; and CRS Report RL34324, , by L. Paige Whitaker; and CRS Report RL34324, Campaign Finance: Legislative Developments
and Policy Issues in the 110th Congress, by R. Sam Garrett. , by R. Sam Garrett.
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commissioners, and litigation have made some rulemakings lengthy and commissioners, and litigation have made some rulemakings lengthy and
controversial.17 controversial.17
• Congress enacted some additional amendments to campaign finance law since • Congress enacted some additional amendments to campaign finance law since
BCRA. The 2007 Honest Leadership and Open Government Act (HLOGA) BCRA. The 2007 Honest Leadership and Open Government Act (HLOGA)
placed new disclosure requirements on lobbyists’ campaign contributions (certain placed new disclosure requirements on lobbyists’ campaign contributions (certain
bundled contributions) and restricted campaign travel aboard private aircraft.18 In bundled contributions) and restricted campaign travel aboard private aircraft.18 In
2014, as discussed below, Congress raised some limits for contributions to 2014, as discussed below, Congress raised some limits for contributions to
political parties. political parties.
Major Issues: What Has Changed Post-Citizens United and
What Has Not
The following discussion highlights those topics that appear to be enduring and significant in the The following discussion highlights those topics that appear to be enduring and significant in the
current policy environment. The discussion begins with changes directly affected by current policy environment. The discussion begins with changes directly affected by Citizens
United because those developments most fundamentally altered the campaign finance landscape. because those developments most fundamentally altered the campaign finance landscape.
What Has Changed
Unlimited Corporate and Union Spending on Independent Expenditures and
Electioneering Communications
In January 2010, the Supreme Court issued a 5-4 decision in In January 2010, the Supreme Court issued a 5-4 decision in Citizens United v. Federal Election
Commission.19 In brief, the opinion invalidated FECA’s prohibitions on corporate and union .19 In brief, the opinion invalidated FECA’s prohibitions on corporate and union
treasury funding of independent expenditures and electioneering communications. As a treasury funding of independent expenditures and electioneering communications. As a
consequence of consequence of Citizens United, corporations and unions are free to use their treasury funds to air , corporations and unions are free to use their treasury funds to air
political advertisements and make related purchases explicitly calling for election or defeat of political advertisements and make related purchases explicitly calling for election or defeat of
federal or state candidates (federal or state candidates (independent expenditures) or advertisements that refer to those ) or advertisements that refer to those
candidates during pre-election periods, but do not necessarily explicitly call for their election or candidates during pre-election periods, but do not necessarily explicitly call for their election or
defeat (defeat (electioneering communications).20 Previously, such advertising would generally have had ).20 Previously, such advertising would generally have had
to be financed through voluntary contributions raised by PACs affiliated with unions or to be financed through voluntary contributions raised by PACs affiliated with unions or
corporations. corporations.
DISCLOSE Act Consideration Following Citizens United. Since Since Citizens United, the House and , the House and
Senate have considered various legislation designed to increase public availability of information Senate have considered various legislation designed to increase public availability of information
((disclosure) about corporate and union spending. Particularly in the immediate aftermath of the ) about corporate and union spending. Particularly in the immediate aftermath of the
decision, during the 111th Congress, most congressional attention responding to the ruling focused decision, during the 111th Congress, most congressional attention responding to the ruling focused
on the DISCLOSE Act (H.R. 5175; S. 3295; S. 3628). The House of Representatives passed H.R. on the DISCLOSE Act (H.R. 5175; S. 3295; S. 3628). The House of Representatives passed H.R.

17 For example, rulemakings on various BCRA provisions resulted in a series of at least three lawsuits covering six 17 For example, rulemakings on various BCRA provisions resulted in a series of at least three lawsuits covering six
years. These are the years. These are the Shays and Meehan v. Federal Election Commission cases. cases.
18 For additional discussion, see CRS Report R40091, 18 For additional discussion, see CRS Report R40091, Campaign Finance: Potential Legislative and Policy Issues for
the 111th Congress, by R. Sam Garrett. HLOGA is primarily an ethics and lobbying statute. For additional discussion, , by R. Sam Garrett. HLOGA is primarily an ethics and lobbying statute. For additional discussion,
see, for example, CRS Report R40245, see, for example, CRS Report R40245, Lobbying Registration and Disclosure: Before and After the Enactment of the
Honest Leadership and Open Government Act of 2007, by Jacob R. Straus. , by Jacob R. Straus.
19 130 S. Ct. 876 (2010). For additional discussion, see, for example, CRS Report R45320, 19 130 S. Ct. 876 (2010). For additional discussion, see, for example, CRS Report R45320, Campaign Finance Law: An
Analysis of Key Issues, Recent Developments, and Constitutional Considerations for Legislation, by L. Paige Whitaker. , by L. Paige Whitaker.
20 20 Independent expenditures explicitly call for election or defeat of political candidates (known as explicitly call for election or defeat of political candidates (known as express advocacy), ),
may occur at any time, and are usually (but not always) broadcast advertisements. They must also be uncoordinated may occur at any time, and are usually (but not always) broadcast advertisements. They must also be uncoordinated
with the campaign in question. On the definition of with the campaign in question. On the definition of independent expenditures, see 52 U.S.C. §30101 (previously , see 52 U.S.C. §30101 (previously
codified at 2 U.S.C. 431 §17). As noted previously, electioneering communications refer to clearly identified codified at 2 U.S.C. 431 §17). As noted previously, electioneering communications refer to clearly identified
candidates during pre-election periods but do not contain express advocacy. candidates during pre-election periods but do not contain express advocacy.
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5175, with amendments, on June 24, 2010, by a 219-206 vote. By a 57-41 vote, the Senate 5175, with amendments, on June 24, 2010, by a 219-206 vote. By a 57-41 vote, the Senate
declined to invoke cloture on companion bill S. 3628 on July 27, 2010.21 A second cloture vote declined to invoke cloture on companion bill S. 3628 on July 27, 2010.21 A second cloture vote
failed (59-39) on September 23, 2010.22 No additional action on the bill occurred during the 111th failed (59-39) on September 23, 2010.22 No additional action on the bill occurred during the 111th
Congress. The DISCLOSE Act text has remained a focal point of legislative activity in Congress. The DISCLOSE Act text has remained a focal point of legislative activity in
subsequent Congresses for those who support additional reporting requirements. subsequent Congresses for those who support additional reporting requirements.
This period during the 111th Congress marked the most substantial legislative progress that the This period during the 111th Congress marked the most substantial legislative progress that the
DISCLOSE Act made initially, and the bill has never become law. Versions of the bill were DISCLOSE Act made initially, and the bill has never become law. Versions of the bill were
introduced in both chambers in subsequent Congresses. In the 112th Congress, the Senate debated introduced in both chambers in subsequent Congresses. In the 112th Congress, the Senate debated
a motion to proceed to the measure in July 2012 but declined (by a 53-45 vote) to invoke cloture. a motion to proceed to the measure in July 2012 but declined (by a 53-45 vote) to invoke cloture.
In the 113th Congress, the Senate Rules and Administration Committee held a hearing on a In the 113th Congress, the Senate Rules and Administration Committee held a hearing on a
version of the bill, S. 2516. The 114th and 115th Congresses considered the DISCLOSE Act again, version of the bill, S. 2516. The 114th and 115th Congresses considered the DISCLOSE Act again,
but no substantial legislative activity occurred. DISCLOSE Act text was included in H.R. 1, but no substantial legislative activity occurred. DISCLOSE Act text was included in H.R. 1,
Division B, Subtitle B, which the House passed in March 2019. Stand-alone versions of Division B, Subtitle B, which the House passed in March 2019. Stand-alone versions of
DISCLOSE (H.R. 2977 and S. 1147) did not advance in the 116th Congress. In the 117th DISCLOSE (H.R. 2977 and S. 1147) did not advance in the 116th Congress. In the 117th
Congress, a version of DISCLOSE was included in H.R. 1. The House passed the bill (220-210) Congress, a version of DISCLOSE was included in H.R. 1. The House passed the bill (220-210)
in March 2021. The Senate did not invoke cloture on the motion to proceed to a Senate in March 2021. The Senate did not invoke cloture on the motion to proceed to a Senate
companion bill (S. 2093; see also S. 1). companion bill (S. 2093; see also S. 1).
Unlimited Contributions to Independent-Expenditure-Only Political Action
Committees (Super PACs)
On March 26, 2010, the U.S. Court of Appeals for the District of Columbia held in On March 26, 2010, the U.S. Court of Appeals for the District of Columbia held in
SpeechNow.org v. Federal Election Commission23 that contributions to PACs that make only 23 that contributions to PACs that make only
independent expenditures—but not contributions—could not be constitutionally limited. As a independent expenditures—but not contributions—could not be constitutionally limited. As a
result, these entities, commonly called result, these entities, commonly called super PACs, may accept previously prohibited amounts , may accept previously prohibited amounts
and sources of funds, including large corporate, union, or individual contributions used to and sources of funds, including large corporate, union, or individual contributions used to
advocate for election or defeat of federal candidates. Existing reporting requirements for PACs advocate for election or defeat of federal candidates. Existing reporting requirements for PACs
apply to super PACs, meaning that contributions and expenditures must be disclosed to the FEC. apply to super PACs, meaning that contributions and expenditures must be disclosed to the FEC.
Unlimited Contributions to Certain Nonconnected Political Action Committees
(PACs)
As the ramifications of As the ramifications of Citizens United and and SpeechNow continued to unfold, other forms of continued to unfold, other forms of
unlimited fundraising were also permitted. In October 2011, the FEC announced that, in response unlimited fundraising were also permitted. In October 2011, the FEC announced that, in response
to an agreement reached in a case brought after to an agreement reached in a case brought after SpeechNow ( (Carey v. FEC),24 the agency would ),24 the agency would
permit permit nonconnected PACs—those that are unaffiliated with corporations or unions—to accept PACs—those that are unaffiliated with corporations or unions—to accept
unlimited contributions for use in independent expenditures. The agency directed PACs choosing unlimited contributions for use in independent expenditures. The agency directed PACs choosing
to do so to keep the independent expenditure contributions in a separate bank account from the to do so to keep the independent expenditure contributions in a separate bank account from the
one used to make contributions to federal candidates.25 As such, nonconnected PACs that want to one used to make contributions to federal candidates.25 As such, nonconnected PACs that want to
raise unlimited sums for independent expenditures may create a separate bank account and meet raise unlimited sums for independent expenditures may create a separate bank account and meet

21 “DISCLOSE Act—Motion to Proceed,” Senate vote 220, 21 “DISCLOSE Act—Motion to Proceed,” Senate vote 220, Congressional Record, daily edition, vol. 156 (July 27, , daily edition, vol. 156 (July 27,
2010), p. S6285. 2010), p. S6285.
22 “DISCLOSE Act—Motion to Proceed—Resumed,” Senate vote 240, 22 “DISCLOSE Act—Motion to Proceed—Resumed,” Senate vote 240, Congressional Record, daily edition, vol. 156 , daily edition, vol. 156
(September 23, 2010), p. S7388. (September 23, 2010), p. S7388.
23 599 F.3d 686 (D.C. Cir. 2010). 23 599 F.3d 686 (D.C. Cir. 2010).
24 Civ. No. 11-259-RMC (D.D.C. 2011). 24 Civ. No. 11-259-RMC (D.D.C. 2011).
25 Federal Election Commission, “FEC Statement on Carey v. FEC: Reporting Guidance for Political Committees that 25 Federal Election Commission, “FEC Statement on Carey v. FEC: Reporting Guidance for Political Committees that
Maintain a Non-Contribution Account,” press release, October 5, 2011, http://www.fec.gov/press/Press2011/Maintain a Non-Contribution Account,” press release, October 5, 2011, http://www.fec.gov/press/Press2011/
20111006postcarey.shtml. 20111006postcarey.shtml.
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additional reporting obligations rather than forming a separate super PAC. Super PACs have, additional reporting obligations rather than forming a separate super PAC. Super PACs have,
nonetheless, continued to be an important force in American politics because only some nonetheless, continued to be an important force in American politics because only some
traditional PACs qualify for the traditional PACs qualify for the Carey exemption to fundraising limits.26 exemption to fundraising limits.26
FEC Rules Implementing Parts of Citizens United
Implementing Implementing Citizens United and and SpeechNow fell to the FEC. The commission issued advisory fell to the FEC. The commission issued advisory
opinions (AOs) within a few months of the rulings recognizing corporate independent opinions (AOs) within a few months of the rulings recognizing corporate independent
expenditures and super PACs. Afterward, some corporations, unions, and other organizations expenditures and super PACs. Afterward, some corporations, unions, and other organizations
began making previously prohibited expenditures or raising previously prohibited funds for began making previously prohibited expenditures or raising previously prohibited funds for
electioneering communications or independent expenditures.27 electioneering communications or independent expenditures.27
Despite progress on post- Despite progress on post-Citizens United AOs, agreement on final rules took years. A December AOs, agreement on final rules took years. A December
2011 Notice of Proposed Rulemaking (NRPM) posing questions about what form post-2011 Notice of Proposed Rulemaking (NRPM) posing questions about what form post-Citizens
United rules should take28 remained open until late 2014, reflecting an apparent stalemate over rules should take28 remained open until late 2014, reflecting an apparent stalemate over
the scope of the agency’s the scope of the agency’s Citizens United response. In October 2014, the commission approved response. In October 2014, the commission approved
rules essentially to remove portions of existing regulations that rules essentially to remove portions of existing regulations that Citizens United had invalidated, had invalidated,
such as spending prohibitions on corporate and union treasury funds.29 The 2014 rules did not such as spending prohibitions on corporate and union treasury funds.29 The 2014 rules did not
require additional disclosure surrounding independent spending, which some commenters had require additional disclosure surrounding independent spending, which some commenters had
urged, but which others argued was beyond the agency’s purview.30 urged, but which others argued was beyond the agency’s purview.30
Aggregate Caps on Individual Campaign Contributions
On April 2, 2014, the Supreme Court invalidated aggregate contribution limits in On April 2, 2014, the Supreme Court invalidated aggregate contribution limits in McCutcheon v.
FEC. “Base” limits capping the amounts that donors may give to individual candidates still . “Base” limits capping the amounts that donors may give to individual candidates still
apply.31 For 2013-2014—pre-apply.31 For 2013-2014—pre-McCutcheon—individual contributions could total no more than —individual contributions could total no more than
$123,200. Of that amount, $48,600 could go to candidates, with the remaining $74,600 to parties $123,200. Of that amount, $48,600 could go to candidates, with the remaining $74,600 to parties
and PACs. Following and PACs. Following McCutcheon, individuals may contribute to as many candidates as they , individuals may contribute to as many candidates as they
wish provided that they adhere to the base contribution limits (e.g., $3,300 per candidate, per wish provided that they adhere to the base contribution limits (e.g., $3,300 per candidate, per
election for the 2024 election cycle). election for the 2024 election cycle).

26 In particular, the exemption only applies to nonconnected PACs (i.e., those that exist independently as PACs and are 26 In particular, the exemption only applies to nonconnected PACs (i.e., those that exist independently as PACs and are
not affiliated with a parent organization, such as an interest group or labor union). not affiliated with a parent organization, such as an interest group or labor union).
27 Perhaps most notably, the FEC issued AOs 2010-09 (Club for Growth) and 2010-11 (Commonsense Ten), 27 Perhaps most notably, the FEC issued AOs 2010-09 (Club for Growth) and 2010-11 (Commonsense Ten),
recognizing corporate independent expenditures and super PACs. For additional discussion, see CRS Report R42042, recognizing corporate independent expenditures and super PACs. For additional discussion, see CRS Report R42042,
Super PACs in Federal Elections: Overview and Issues for Congress, by R. Sam Garrett. AOs provide an opportunity , by R. Sam Garrett. AOs provide an opportunity
to pose questions about how the commission interprets the applicability of FECA or FEC regulations to a specific to pose questions about how the commission interprets the applicability of FECA or FEC regulations to a specific
situation (e.g., a planned campaign expenditure). AOs apply only to the requester and within specific circumstances, situation (e.g., a planned campaign expenditure). AOs apply only to the requester and within specific circumstances,
but can provide general guidance for those in similar situations. See 52 U.S.C. §30108 (previously codified at 2 U.S.C. but can provide general guidance for those in similar situations. See 52 U.S.C. §30108 (previously codified at 2 U.S.C.
§437f). §437f).
28 Federal Election Commission, “Independent Expenditures and Electioneering Communications by Corporations and 28 Federal Election Commission, “Independent Expenditures and Electioneering Communications by Corporations and
Labor Organizations,” 248Labor Organizations,” 248 Federal Register 80803, December 27, 2011. 80803, December 27, 2011.
29 Federal Election Commission, “Independent Expenditures and Electioneering Communications by Corporations and 29 Federal Election Commission, “Independent Expenditures and Electioneering Communications by Corporations and
Labor Organizations,” 79Labor Organizations,” 79 Federal Register 62797, October 21, 2014. 62797, October 21, 2014.
30 Some Senators filed comments calling for additional donor disclosure. See Letter from Sen. Jeanne Shaheen et al. to 30 Some Senators filed comments calling for additional donor disclosure. See Letter from Sen. Jeanne Shaheen et al. to
Commissioner Caroline Hunter, Chair, FEC, February 21, 2012. The document may be obtained from the FEC Commissioner Caroline Hunter, Chair, FEC, February 21, 2012. The document may be obtained from the FEC
rulemaking comments search function at http://sers.fec.gov/fosers/. rulemaking comments search function at http://sers.fec.gov/fosers/.
31 For additional policy discussion, as well as citations to other CRS products that cover legal issues, see CRS Report 31 For additional policy discussion, as well as citations to other CRS products that cover legal issues, see CRS Report
R43334, R43334, Campaign Contribution Limits: Selected Questions About McCutcheon and Policy Issues for Congress, by R. , by R.
Sam Garrett. Sam Garrett.
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Higher Contribution Limits and New Accounts for Political Party Committees
For the first time since enacting BCRA in 2002, Congress raised the statutory limit on some For the first time since enacting BCRA in 2002, Congress raised the statutory limit on some
campaign contributions in December 2014. Specifically, the FY2015 omnibus appropriations law, campaign contributions in December 2014. Specifically, the FY2015 omnibus appropriations law,
P.L. 113-235, increased contribution limits to national political party committees.32 Most P.L. 113-235, increased contribution limits to national political party committees.32 Most
prominently, these party committees include the Democratic National Committee (DNC), prominently, these party committees include the Democratic National Committee (DNC),
Democratic Congressional Campaign Committee (DCCC), Democratic Senatorial Campaign Democratic Congressional Campaign Committee (DCCC), Democratic Senatorial Campaign
Committee (DSCC), Republican National Committee (RNC), National Republican Congressional Committee (DSCC), Republican National Committee (RNC), National Republican Congressional
Committee (NRCC), and the National Republican Senatorial Committee (NRSC). The new law Committee (NRCC), and the National Republican Senatorial Committee (NRSC). The new law
also permits these committees to establish new accounts, each with separate contribution limits, also permits these committees to establish new accounts, each with separate contribution limits,
to support party conventions,33 facilities, and recounts or other legal matters. to support party conventions,33 facilities, and recounts or other legal matters.
Under inflation adjustments announced in February 2023, individuals could contribute at least Under inflation adjustments announced in February 2023, individuals could contribute at least
$991,200 to national party committees annually in 2023-2024.34 Political action committees $991,200 to national party committees annually in 2023-2024.34 Political action committees
(PACs) may also make larger contributions to parties. For multicandidate PACs—the most (PACs) may also make larger contributions to parties. For multicandidate PACs—the most
common type of PAC—contributions to a national party increased from $45,000 to at least common type of PAC—contributions to a national party increased from $45,000 to at least
$360,000 annually. Unlike limits for individual contributions, those for PACs are not adjusted for $360,000 annually. Unlike limits for individual contributions, those for PACs are not adjusted for
inflation.35 inflation.35
Some Public Financing Issues
Two notable public financing changes have occurred since 2010, although neither is directly Two notable public financing changes have occurred since 2010, although neither is directly
related to related to Citizens United. Most relevant for federal campaign finance policy, P.L. 113-94, Most relevant for federal campaign finance policy, P.L. 113-94,
enacted in April 2014, terminated public financing for presidential nominating conventions.36 The enacted in April 2014, terminated public financing for presidential nominating conventions.36 The
2016 conventions were the first since 1972 funded entirely with private money.37 2016 conventions were the first since 1972 funded entirely with private money.37
The second major development occurred in 2011 and primarily affects state-level candidates but The second major development occurred in 2011 and primarily affects state-level candidates but
also has implications for federal policy options. On June 27, 2011, the Supreme Court issued a 5-also has implications for federal policy options. On June 27, 2011, the Supreme Court issued a 5-
4 opinion in the consolidated case 4 opinion in the consolidated case Arizona Free Enterprise Club’s Freedom Club PAC et al. v.
Bennett and and McComish v. Bennett.38 The decision invalidated portions of Arizona’s public .38 The decision invalidated portions of Arizona’s public
financing program for state-level candidates.39 The majority opinion, authored by Chief Justice financing program for state-level candidates.39 The majority opinion, authored by Chief Justice
Roberts, held that the state’s use of matching funds (also called Roberts, held that the state’s use of matching funds (also called trigger funds, rescue funds,, or or
escape hatch funds) unconstitutionally burdened privately financed candidates’ free speech and ) unconstitutionally burdened privately financed candidates’ free speech and
did not meet a compelling state interest. The decision has been most relevant for state-level public did not meet a compelling state interest. The decision has been most relevant for state-level public

32 See P.L. 113-235; 128 Stat. 2130; and, especially, 128 Stat. 2772. 32 See P.L. 113-235; 128 Stat. 2130; and, especially, 128 Stat. 2772.
33 As noted elsewhere in this report, only the “headquarters” committees (e.g., the DNC or RNC) could collect 33 As noted elsewhere in this report, only the “headquarters” committees (e.g., the DNC or RNC) could collect
additional funds for conventions. additional funds for conventions.
34 CRS calculated this figure from individual-account adjustments that appear in Federal Election Commission, “Price 34 CRS calculated this figure from individual-account adjustments that appear in Federal Election Commission, “Price
Index Adjustments for Contribution and Expenditure Limitations and Lobbyist Bundling Disclosure Threshold,” 88Index Adjustments for Contribution and Expenditure Limitations and Lobbyist Bundling Disclosure Threshold,” 88
Federal Register 7088, February 2, 2023. 7088, February 2, 2023.
35 For historical discussion of the provisions’ enactment, see CRS Report R43825, 35 For historical discussion of the provisions’ enactment, see CRS Report R43825, Increased Campaign Contribution
Limits in the FY2015 Omnibus Appropriations Law: Frequently Asked Questions, by R. Sam Garrett. , by R. Sam Garrett.
36 128 Stat. 1085. 36 128 Stat. 1085.
37 See CRS Report R43976, 37 See CRS Report R43976, Funding of Presidential Nominating Conventions: An Overview, by R. Sam Garrett and , by R. Sam Garrett and
Shawn Reese; CRS Report RL34630, Shawn Reese; CRS Report RL34630, Federal Funding of Presidential Nominating Conventions: Overview and Policy
Options, by R. Sam Garrett and Shawn Reese; and CRS Report R41604, , by R. Sam Garrett and Shawn Reese; and CRS Report R41604, Proposals to Eliminate Public Financing of
Presidential Campaigns, by R. Sam Garrett. On appropriated security funding, which is separate from campaign , by R. Sam Garrett. On appropriated security funding, which is separate from campaign
finance policy, see also CRS In Focus IF11555, finance policy, see also CRS In Focus IF11555, Presidential Candidate and Nominating Convention Security, by , by
Shawn Reese. Shawn Reese.
38 131 S.Ct. 2806 (2011). The slip opinion is available at http://www.supremecourt.gov/opinions/10pdf/10-238.pdf. 38 131 S.Ct. 2806 (2011). The slip opinion is available at http://www.supremecourt.gov/opinions/10pdf/10-238.pdf.
39 For additional discussion of state-level public financing, see the “State Experiences with Public Financing” section of 39 For additional discussion of state-level public financing, see the “State Experiences with Public Financing” section of
CRS Report RL33814, CRS Report RL33814, Public Financing of Congressional Campaigns: Overview and Analysis, by R. Sam Garrett. , by R. Sam Garrett.
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financing programs, as a similar matching fund system does not operate at the federal level. financing programs, as a similar matching fund system does not operate at the federal level.
However, the decision also appears to preclude rescue funds in future federal proposals to However, the decision also appears to preclude rescue funds in future federal proposals to
restructure the existing presidential public financing program or create a congressional public restructure the existing presidential public financing program or create a congressional public
financing program. financing program.
FECA Editorial Reclassification
The Office of Law Revision Counsel, which maintains the The Office of Law Revision Counsel, which maintains the U.S. Code, moved FECA and other , moved FECA and other
portions of federal election law to a new Title 52 of the portions of federal election law to a new Title 52 of the U.S. Code in September 2014.40 in September 2014.40
Previously, FECA and most other relevant campaign finance law were housed in Title 2 of the Previously, FECA and most other relevant campaign finance law were housed in Title 2 of the
U.S. Code. This editorial change does not affect the content of the statutes. Nonetheless, it is a . This editorial change does not affect the content of the statutes. Nonetheless, it is a
major change for those who need to search or cite federal election law. Unless otherwise noted, major change for those who need to search or cite federal election law. Unless otherwise noted,
FECA citations throughout this report have been changed to reflect the new Title 52 location. FECA citations throughout this report have been changed to reflect the new Title 52 location.
Electronic Filing of Senate Campaign Finance Reports
Congress amended FECA in an FY2019 appropriations bill to require Senate political committees Congress amended FECA in an FY2019 appropriations bill to require Senate political committees
to file their campaign finance reports electronically. H.R. 5895 (P.L. 115-244) amended FECA to to file their campaign finance reports electronically. H.R. 5895 (P.L. 115-244) amended FECA to
change the place of filing for Senate campaign finance reports from the Secretary of the Senate to change the place of filing for Senate campaign finance reports from the Secretary of the Senate to
the FEC.41 The text does not require electronic filing per se. However, per FECA, all political the FEC.41 The text does not require electronic filing per se. However, per FECA, all political
committee reports filed with the commission (except for political committees with less than committee reports filed with the commission (except for political committees with less than
$50,000 of annual activity) must be filed electronically. Therefore, changing the place of filing to $50,000 of annual activity) must be filed electronically. Therefore, changing the place of filing to
the FEC changes both the place and method of filing. the FEC changes both the place and method of filing.
What Has Not Changed
Federal Ban on Corporate and Union Treasury Contributions
Corporations and unions are still banned from making contributions in federal elections.42 PACs Corporations and unions are still banned from making contributions in federal elections.42 PACs
affiliated with, but legally separate from, those corporations and unions may contribute to affiliated with, but legally separate from, those corporations and unions may contribute to
candidates, parties, and other PACs. As noted elsewhere in this report, corporations and unions candidates, parties, and other PACs. As noted elsewhere in this report, corporations and unions
may use their treasury funds to make electioneering communications, independent expenditures, may use their treasury funds to make electioneering communications, independent expenditures,
or both, but this spending is not considered a or both, but this spending is not considered a contribution under FECA.43 under FECA.43
Federal Ban on Soft Money Contributions to Political Parties
The prohibition on using soft money in federal elections remains in effect. This includes The prohibition on using soft money in federal elections remains in effect. This includes
prohibiting the pre-BCRA practice of large, generally unregulated contributions to national party prohibiting the pre-BCRA practice of large, generally unregulated contributions to national party
committees for generic “party building” activities. committees for generic “party building” activities.
As noted elsewhere in this report, in December 2014, Congress enacted legislation, which As noted elsewhere in this report, in December 2014, Congress enacted legislation, which
President Obama signed (P.L. 113-235), permitting far larger contributions to political parties President Obama signed (P.L. 113-235), permitting far larger contributions to political parties

40 For background on the reclassification, see Office of Law Revision Counsel, 40 For background on the reclassification, see Office of Law Revision Counsel, Editorial Reclassification, ,
http://uscode.house.gov/editorialreclassification/reclassification.html. For a table comparing old and new citations, see http://uscode.house.gov/editorialreclassification/reclassification.html. For a table comparing old and new citations, see
http://uscode.house.gov/editorialreclassification/t52/Reclassifications_Title_52.pdf. http://uscode.house.gov/editorialreclassification/t52/Reclassifications_Title_52.pdf.
41 See Division B, §102. For additional discussion, see CRS Insight IN10970, 41 See Division B, §102. For additional discussion, see CRS Insight IN10970, Electronic Filing of Senate Campaign
Finance Reports, by R. Sam Garrett. As codified, see 52 U.S.C. §30102(g). , by R. Sam Garrett. As codified, see 52 U.S.C. §30102(g).
42 52 U.S.C. §30118 (previously codified at 2 U.S.C. §441b). 42 52 U.S.C. §30118 (previously codified at 2 U.S.C. §441b).
43 On the definition of 43 On the definition of contribution, see, in particular, 52 U.S.C. §30101 and 52 U.S.C. §30118 (previously codified at , see, in particular, 52 U.S.C. §30101 and 52 U.S.C. §30118 (previously codified at
2 U.S.C. §431(8)(A) and 2 U.S.C. §441(b)(b)(2)). 2 U.S.C. §431(8)(A) and 2 U.S.C. §441(b)(b)(2)).
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than had been permitted previously.44 These funds are not soft money, in that they are subject to than had been permitted previously.44 These funds are not soft money, in that they are subject to
contribution limits and other FECA requirements (e.g., disclosure). Nonetheless, some might contribution limits and other FECA requirements (e.g., disclosure). Nonetheless, some might
contend that the spirit of these contributions resembles soft money. Others contend that the contend that the spirit of these contributions resembles soft money. Others contend that the
increased limits allow parties to compete with newly empowered groups, such as super PACs, increased limits allow parties to compete with newly empowered groups, such as super PACs,
that are not subject to contribution limits. that are not subject to contribution limits.
Some Contribution Limits Remain Intact
Pre-existing base limits on contributions to campaigns, parties, and PACs generally remain in Pre-existing base limits on contributions to campaigns, parties, and PACs generally remain in
effect. Despite effect. Despite Citizens United’s implications for independent expenditures and electioneering implications for independent expenditures and electioneering
communications, the ruling did not affect the prohibition on corporate and union treasury communications, the ruling did not affect the prohibition on corporate and union treasury
contributions in federal campaigns. As noted above, contributions in federal campaigns. As noted above, SpeechNow permitted unlimited permitted unlimited
contributions to independent-expenditure-only PACs (contributions to independent-expenditure-only PACs (super PACs). The FEC has not issued rules . The FEC has not issued rules
regarding super PACs per se. In July 2011 the commission issued an advisory opinion stating that regarding super PACs per se. In July 2011 the commission issued an advisory opinion stating that
federal candidates (including officeholders) and party officials could solicit funds for super PACs, federal candidates (including officeholders) and party officials could solicit funds for super PACs,
but that those solicitations were subject to the limits established in FECA and discussed below. but that those solicitations were subject to the limits established in FECA and discussed below.
Also as noted elsewhere in this report, the FEC announced in October 2011, per an agreement Also as noted elsewhere in this report, the FEC announced in October 2011, per an agreement
reached in reached in Carey v. FEC, that nonconnected PACs would be permitted to raise unlimited amounts , that nonconnected PACs would be permitted to raise unlimited amounts
for independent expenditures if those funds are kept in a separate bank account. for independent expenditures if those funds are kept in a separate bank account.
Although major contribution limits remain in place, as noted above, some party contribution Although major contribution limits remain in place, as noted above, some party contribution
limits have increased. More consequentially, post-limits have increased. More consequentially, post-McCutcheon aggregate contribution limits no aggregate contribution limits no
longer apply. Therefore, although individuals are, for example, still prohibited from contributing longer apply. Therefore, although individuals are, for example, still prohibited from contributing
more than $3,300 per candidate, per election during the 2024 cycle, the total amount of such more than $3,300 per candidate, per election during the 2024 cycle, the total amount of such
giving is no longer capped.45giving is no longer capped.45 Table 1 below and the table notes provide additional information, as below and the table notes provide additional information, as
do other CRS products.46 do other CRS products.46

44 For the codified text, see 52 U.S.C. §30116(a)(9). 44 For the codified text, see 52 U.S.C. §30116(a)(9).
45 Statutory inflation adjustments as administered by the FEC, based on Department of Labor data, did not increase the 45 Statutory inflation adjustments as administered by the FEC, based on Department of Labor data, did not increase the
individual contribution limit, which was $2,700 per candidate, per election during 2016-2018 as well. The inflation individual contribution limit, which was $2,700 per candidate, per election during 2016-2018 as well. The inflation
adjustments are codified at 52 U.S.C. §30116(c). adjustments are codified at 52 U.S.C. §30116(c).
46 For additional discussion, see CRS Report R43334, 46 For additional discussion, see CRS Report R43334, Campaign Contribution Limits: Selected Questions About
McCutcheon and Policy Issues for Congress, by R. Sam Garrett; and CRS Report R43719, , by R. Sam Garrett; and CRS Report R43719, Campaign Finance:
Constitutionality of Limits on Contributions and Expenditures, by L. Paige Whitaker. , by L. Paige Whitaker.
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Table 1. Major Federal Contribution Limits, 2023-2024
(See table notes below for additional information.) (See table notes below for additional information.)

Recipient
Multicandidate
Principal
Committee (most
National Party
State, District,
Campaign
PACs, including
Committee
Local Party
Contributor
Committee
leadership PACs)
(DSCC; NRCC, etc.)
Committee
Individual Individual
$3,300 per election* $5,000 per year $3,300 per election* $5,000 per year
$41,300 per year* $41,300 per year*
$10,000 per year $10,000 per year
Additional $123,900 limit (combined limit) (combined limit)
for each special party
account†*†*
Principal Principal
$2,000 per election $2,000 per election
$5,000 per year $5,000 per year
Unlimited transfers to Unlimited transfers to
Unlimited Unlimited
Campaign Campaign
party committees party committees
transfers to transfers to
Committee Committee
party party
committees committees
Multicandidate Multicandidate
$5,000 per election $5,000 per election
$5,000 per year $5,000 per year
$15,000 per year $15,000 per year
$5,000 per year $5,000 per year
Committee (most Committee (most
Additional $45,000 limit
(combined limit) (combined limit)
PACs, including PACs, including
for each special party
leadership leadership PACs)a
account† †
State, District, State, District,
$5,000 per election $5,000 per election
$5,000 per year $5,000 per year
Unlimited transfers to Unlimited transfers to
Unlimited Unlimited
Local Party Local Party
(combined limit) (combined limit)
(combined limit) (combined limit)
party committees party committees
transfers to transfers to
Committee Committee
party party
committees committees
National Party National Party
$5,000 per election $5,000 per election
$5,000 per year $5,000 per year
Unlimited transfers to Unlimited transfers to
Unlimited Unlimited
Committee Committee
party committees party committees
transfers to transfers to
party party
committees committees
Source: CRS adaptation from FEC, “Contribution Limits for 2019-2020 Federal Elections,” https://www.fec.gov/CRS adaptation from FEC, “Contribution Limits for 2019-2020 Federal Elections,” https://www.fec.gov/
help-candidates-and-committees/candidate-taking-receipts/contribution-limits/. See also Federal Election help-candidates-and-committees/candidate-taking-receipts/contribution-limits/. See also Federal Election
Commission, “Price Index Adjustments for Contribution and Expenditure Limitations and Lobbyist Bundling Commission, “Price Index Adjustments for Contribution and Expenditure Limitations and Lobbyist Bundling
Disclosure Threshold,” 88Disclosure Threshold,” 88 Federal Register 7088, February 2, 2023. 7088, February 2, 2023.
Notes: The table assumes that leadership PACs would qualify for multicandidate status.The table assumes that leadership PACs would qualify for multicandidate status. The original source, The original source,
noted above, includes additional information and addresses nonmulticandidate PACs (which are relatively rare). noted above, includes additional information and addresses nonmulticandidate PACs (which are relatively rare).
The national party committee and the national party Senate committee (e.g., the DNC and DSCC or RNC and The national party committee and the national party Senate committee (e.g., the DNC and DSCC or RNC and
NRSC) share a combined 2023-2024 per-candidate limit of $57,800 per six-year cycle. This limit is adjusted NRSC) share a combined 2023-2024 per-candidate limit of $57,800 per six-year cycle. This limit is adjusted
biennially for inflation. biennially for inflation.
* These limits are adjusted biennially for inflation. * These limits are adjusted biennially for inflation.
† As noted elsewhere in this report, national party committees may accept these contributions for separate † As noted elsewhere in this report, national party committees may accept these contributions for separate
accounts for (1) presidential nominating conventions (headquarters committees (e.g., DNC; RNC) only); (2) accounts for (1) presidential nominating conventions (headquarters committees (e.g., DNC; RNC) only); (2)
recounts and other legal compliance activities; and (3) party buildings. For additional historical discussion, see recounts and other legal compliance activities; and (3) party buildings. For additional historical discussion, see
CRS Report R43825, CRS Report R43825, Increased Campaign Contribution Limits in the FY2015 Omnibus Appropriations Law: Frequently
Asked Questions, by R. Sam Garrett. , by R. Sam Garrett.
a. a. Multicandidate committees are those that have been registered with the FEC for at least six months; have are those that have been registered with the FEC for at least six months; have
received federal contributions from more than 50 people; and (except for state parties) have made received federal contributions from more than 50 people; and (except for state parties) have made
contributions to at least five federal candidates. See 11 C.F.R. §100.5(e)(3). In practice, most PACs attain contributions to at least five federal candidates. See 11 C.F.R. §100.5(e)(3). In practice, most PACs attain
this status automatically over time. this status automatically over time.
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Reporting Requirements
Other recent developments notwithstanding, disclosure requirements enacted in FECA and BCRA Other recent developments notwithstanding, disclosure requirements enacted in FECA and BCRA
remain intact.47 In general, political committees must regularly48 file reports with the FEC remain intact.47 In general, political committees must regularly48 file reports with the FEC
providing information about providing information about
• receipts and expenditures, particularly those exceeding an aggregate of $200; • receipts and expenditures, particularly those exceeding an aggregate of $200;
• the identity of those making contributions of more than $200, or receiving more • the identity of those making contributions of more than $200, or receiving more
than $200, in campaign expenditures per election cycle; and than $200, in campaign expenditures per election cycle; and
• the purpose of expenses. • the purpose of expenses.
Those making independent expenditures or electioneering communications, such as party Those making independent expenditures or electioneering communications, such as party
committees and PACs, have additional reporting obligations. Among other requirements committees and PACs, have additional reporting obligations. Among other requirements
• Independent expenditures aggregating at least $10,000 must be reported to the • Independent expenditures aggregating at least $10,000 must be reported to the
FEC within 48 hours; 24-hour reports for independent expenditures of at least FEC within 48 hours; 24-hour reports for independent expenditures of at least
$1,000 must be made during periods immediately preceding elections.49 $1,000 must be made during periods immediately preceding elections.49
• The existing disclosure requirements concerning electioneering communications • The existing disclosure requirements concerning electioneering communications
mandate 24-hour reporting of communications aggregating at least $10,000.50 mandate 24-hour reporting of communications aggregating at least $10,000.50
Donor information must be included for those who designated at least $200 Donor information must be included for those who designated at least $200
toward the independent expenditure, or $1,000 for electioneering toward the independent expenditure, or $1,000 for electioneering
communications.51 communications.51
• If 501(c) or 52752 organizations make independent expenditures or electioneering • If 501(c) or 52752 organizations make independent expenditures or electioneering
communications, those activities would be reported to the FEC. communications, those activities would be reported to the FEC.
Potential Policy Considerations and Emerging
Issues for Congress
Recent Legislative Activity
As discussed above, recent Congresses generally have not made substantial amendments to As discussed above, recent Congresses generally have not made substantial amendments to
federal campaign finance law. Since the 115th Congress, as summarized briefly below, Congress federal campaign finance law. Since the 115th Congress, as summarized briefly below, Congress
has considered recurring proposals related to disclosure; foreign interference and funds in U.S. has considered recurring proposals related to disclosure; foreign interference and funds in U.S.

47 This excludes requirements that were subsequently invalidated, such as reporting associated with the now-defunct 47 This excludes requirements that were subsequently invalidated, such as reporting associated with the now-defunct
Millionaire’s Amendment (which required additional reporting for self-funding above certain levels and for receipt of Millionaire’s Amendment (which required additional reporting for self-funding above certain levels and for receipt of
contributions in response to such funding). contributions in response to such funding).
48 Reporting typically occurs quarterly. Pre- and post-election reports must also be filed. Noncandidate committees may 48 Reporting typically occurs quarterly. Pre- and post-election reports must also be filed. Noncandidate committees may
also file monthly reports. See, for example, 52 U.S.C. §30104 (previously codified at 2 U.S.C. §434) and the FEC’s also file monthly reports. See, for example, 52 U.S.C. §30104 (previously codified at 2 U.S.C. §434) and the FEC’s
Campaign Guide series for additional discussion of reporting requirements. series for additional discussion of reporting requirements.
49 See, for example, 52 U.S.C. §30104 (previously codified at 2 U.S.C. §434(g)). 49 See, for example, 52 U.S.C. §30104 (previously codified at 2 U.S.C. §434(g)).
50 52 U.S.C. §30104 (previously codified at 2 U.S.C. §434(f)). 50 52 U.S.C. §30104 (previously codified at 2 U.S.C. §434(f)).
51 Higher thresholds apply if the expenditures are made from a designated account. For additional summary 51 Higher thresholds apply if the expenditures are made from a designated account. For additional summary
information, see Table 1 in CRS Report R41264, information, see Table 1 in CRS Report R41264, The DISCLOSE Act: Overview and Analysis, by R. Sam Garrett, L. , by R. Sam Garrett, L.
Paige Whitaker, and Erika K. Lunder. Donor information is reported in regularly filed financial reports rather than in Paige Whitaker, and Erika K. Lunder. Donor information is reported in regularly filed financial reports rather than in
independent expenditure reports. independent expenditure reports.
52 As the term is commonly used, 52 As the term is commonly used, 527 refers to groups registered with the Internal Revenue Service (IRS) as political refers to groups registered with the Internal Revenue Service (IRS) as political
organizations that seemingly intend to influence federal elections. By contrast, political committees (which include organizations that seemingly intend to influence federal elections. By contrast, political committees (which include
candidate committees, party committees, and political action committees) are regulated by the FEC and federal election candidate committees, party committees, and political action committees) are regulated by the FEC and federal election
law. There is a debate regarding which 527s are required to register with the FEC as political committees. law. There is a debate regarding which 527s are required to register with the FEC as political committees.
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elections; contribution limits or spending restrictions; and public financing of presidential elections; contribution limits or spending restrictions; and public financing of presidential
campaigns. The Committee on House Administration and Senate Rules and Administration campaigns. The Committee on House Administration and Senate Rules and Administration
Committee are the primary committees of jurisdiction on campaign finance policy issues. Committee are the primary committees of jurisdiction on campaign finance policy issues.
118th Congress
As of this writing, no major legislative or regulatory developments have occurred to alter federal As of this writing, no major legislative or regulatory developments have occurred to alter federal
campaign finance policy during the 118th Congress.53 campaign finance policy during the 118th Congress.53
• On • On September 7, 2023, S. 2747 (Klobuchar) passed the Senate, by voice vote, the same day it was introduced. The legislation would extend the FEC Administrative Fine Program until 2033. Existing authority for the program expires on December 31, 2023.54 • On July 13, 2023, after several hearings, the Committee on House Administration July 13, 2023, after several hearings, the Committee on House Administration
ordered reported H.R. 4563 (Steil), the American Confidence in Elections (ACE) ordered reported H.R. 4563 (Steil), the American Confidence in Elections (ACE)
Act.Act.5455 Title III of the ACE Act includes several provisions related to campaign Title III of the ACE Act includes several provisions related to campaign
finance and to certain tax-exempt organizations. The bill generally proposes finance and to certain tax-exempt organizations. The bill generally proposes
deregulation, modernization, or clarification of current provisions in FECA or deregulation, modernization, or clarification of current provisions in FECA or
parts of the Internal Revenue Code (IRC). (On July 18, Representative Sarbanes parts of the Internal Revenue Code (IRC). (On July 18, Representative Sarbanes
introduced an alternative bill, the Freedom to Vote Act [H.R. 11] that would introduced an alternative bill, the Freedom to Vote Act [H.R. 11] that would
generally require additional regulation on various elections and campaign finance generally require additional regulation on various elections and campaign finance
issues. As of this writing, it has not advanced beyond introduction.) issues. As of this writing, it has not advanced beyond introduction.)
• On August 14, 2023, the House Ways and Means Committee majority released a • On August 14, 2023, the House Ways and Means Committee majority released a
“request for information” seeking public input about, among other topics, “request for information” seeking public input about, among other topics,
whether the Internal Revenue Service (IRS) should update its guidance on what whether the Internal Revenue Service (IRS) should update its guidance on what
constitutes campaign intervention by organizations operating under Sections constitutes campaign intervention by organizations operating under Sections
501(c)(3) and 501(c)(4) of the IRC. The request also poses questions concerning 501(c)(3) and 501(c)(4) of the IRC. The request also poses questions concerning
relationships between super PACs and tax-exempt organizations.relationships between super PACs and tax-exempt organizations.5556 Recent Recent
appropriations laws have prohibited the Treasury Department (which houses the appropriations laws have prohibited the Treasury Department (which houses the
IRS) from spending appropriated funds to issue rules or guidance concerning IRS) from spending appropriated funds to issue rules or guidance concerning
501(c)(4) tax-exempt status.501(c)(4) tax-exempt status.5657 The “Politically Active Tax-Exempt Organizations
and Internal Revenue Service Disclosure Issues” section of this report contains ection of this report contains
additional discussion of potentially related topics. additional discussion of potentially related topics.
~~• Some hearings held during the 118th Congress that were devoted primarily to~~
~~other topics also included discussion of campaign finance policy and related~~
~~issues.57~~

53 A CRS congressional distribution memorandum that briefly summarizes campaign finance, elections, and voting 53 A CRS congressional distribution memorandum that briefly summarizes campaign finance, elections, and voting
legislation information in the 118th Congress is available upon request. Congressional requesters may contact the author legislation information in the 118th Congress is available upon request. Congressional requesters may contact the author
of this report for a copy of the memorandum or additional information. of this report for a copy of the memorandum or additional information.
54 For additional discussion, see 54 For additional discussion, see CRS Insight IN12198, Federal Election Commission Administrative Fine Program, by R. Sam Garrett. 55 For additional discussion, see CRS In Focus IF12451, CRS In Focus IF12451, H.R. 4563, the American Confidence in Elections (ACE) Act, ,
coordinated by Karen L. Shanton; and CRS In Focus IF12453, coordinated by Karen L. Shanton; and CRS In Focus IF12453, H.R. 4563, the American Confidence in Elections Act
(ACE Act): Legal Background, by L. Paige Whitaker. , by L. Paige Whitaker.
5556 Letter from Rep. Jason Smith, Chairman, Committee on Ways and Means; and Rep. David Schweikert, Chairman, Letter from Rep. Jason Smith, Chairman, Committee on Ways and Means; and Rep. David Schweikert, Chairman,
Subcommittee on Oversight, Committee on Ways and Means, Subcommittee on Oversight, Committee on Ways and Means, Request for Information: Understanding and Examining
the Political Activities of Tax-Exempt Organizations under Section 501 of the Internal Revenue Code, August 14, 2023, , August 14, 2023,
https://waysandmeans.house.gov/wp-content/uploads/2023/08/RFI-on-501c3-and-c4-Activities-FINAL.pdf. For https://waysandmeans.house.gov/wp-content/uploads/2023/08/RFI-on-501c3-and-c4-Activities-FINAL.pdf. For
additional discussion, see, for example, Samantha Handler, “GOP Concerns About Tax-Exempt Groups May Prompt additional discussion, see, for example, Samantha Handler, “GOP Concerns About Tax-Exempt Groups May Prompt
Probes, Guidance,” Probes, Guidance,” Bloomberg, September 6, 2023. , September 6, 2023.
56 57 See, for example, §123 of the Department of the Treasury administrative provisions in the FY2023 Consolidated See, for example, §123 of the Department of the Treasury administrative provisions in the FY2023 Consolidated
Appropriations Act, P.L. 117-328, 136 Stat. 4659-4660. Appropriations Act, P.L. 117-328, 136 Stat. 4659-4660.
~~57 See, for example, U.S. Congress, Senate Committee on the Budget,~~ ~~Dollars and Degrees: Investigating Fossil Fuel~~
~~Dark Money’s Systemic Threats to Climate and the Federal Budget, 118th Cong., 1st sess., June 21, 2023. As of this~~
~~writing, the hearing has not been published. See https://www.budget.senate.gov/hearings/dollars-and-degrees-~~
~~investigating-fossil-fuel-dark-moneys-systemic-threats-to-climate-and-the-federal-budget.~~
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Congressional Research Service 13 The State of Campaign Finance Policy: Recent Developments and Issues for Congress • Some hearings held during the 118th Congress that were devoted primarily to other topics also included discussion of campaign finance policy and related issues.58 117th Congress
No major campaign finance law amendments were enacted during the 117th Congress. No major campaign finance law amendments were enacted during the 117th Congress.5859 The The
House passed three bills that contained several provisions related to campaign finance, election House passed three bills that contained several provisions related to campaign finance, election
administration, and voting issues. administration, and voting issues.
• H.R. 1 (Sarbanes), the For the People Act, proposed major changes that, among • H.R. 1 (Sarbanes), the For the People Act, proposed major changes that, among
other provisions, would have affected disclosure and disclaimer requirements; the other provisions, would have affected disclosure and disclaimer requirements; the
FECA foreign national provision; foreign interference in U.S. campaigns and FECA foreign national provision; foreign interference in U.S. campaigns and
elections; and public financing for federal campaigns.elections; and public financing for federal campaigns.5960 The House passed the bill The House passed the bill
(220-210) in March 2021. The Senate did not invoke cloture on the motion to (220-210) in March 2021. The Senate did not invoke cloture on the motion to
proceed to a Senate companion bill (S. 2093; see also S. 1). proceed to a Senate companion bill (S. 2093; see also S. 1).
• H.R. 5314 (Schiff), the Protecting Our Democracy Act, primarily addressed non- • H.R. 5314 (Schiff), the Protecting Our Democracy Act, primarily addressed non-
campaign finance topics. It also contained provisions concerning the FECA campaign finance topics. It also contained provisions concerning the FECA
foreign national provision and foreign interference in U.S. campaigns and foreign national provision and foreign interference in U.S. campaigns and
elections. The House passed the bill (220-208) in December 2021. elections. The House passed the bill (220-208) in December 2021.
• H.R. 5746 (Beyer) served as a legislative vehicle for the Freedom to Vote: John • H.R. 5746 (Beyer) served as a legislative vehicle for the Freedom to Vote: John
R. Lewis Act. The legislation primarily contained election administration and R. Lewis Act. The legislation primarily contained election administration and
voting provisions. It also included some provisions related to campaign finance voting provisions. It also included some provisions related to campaign finance
disclosure; the FECA foreign national provision; and foreign interference in U.S. disclosure; the FECA foreign national provision; and foreign interference in U.S.
campaigns and elections. The House passed the bill (220-203) on January 13, campaigns and elections. The House passed the bill (220-203) on January 13,
2022, and sent it to the Senate in the form of an amendment between the houses 2022, and sent it to the Senate in the form of an amendment between the houses
on an unrelated bill, H.R. 5746.on an unrelated bill, H.R. 5746.6061 On January 19, 2022, the Senate did not agree On January 19, 2022, the Senate did not agree
to a cloture motion on the text. to a cloture motion on the text.
Also during the 117th Congress, the Senate did not invoke cloture on motions to proceed to other Also during the 117th Congress, the Senate did not invoke cloture on motions to proceed to other
legislation containing disclosure and foreign-national provisions. These included the Freedom to legislation containing disclosure and foreign-national provisions. These included the Freedom to
Vote Act, S. 2747 (Klobuchar), and the DISCLOSE Act, S. 4822 (Whitehouse). Vote Act, S. 2747 (Klobuchar), and the DISCLOSE Act, S. 4822 (Whitehouse).
In addition, the FY2023 Consolidated Appropriations Act (P.L. 117-328) endorsed committee In addition, the FY2023 Consolidated Appropriations Act (P.L. 117-328) endorsed committee
report language directing the Government Accountability Office (GAO) to update a report on report language directing the Government Accountability Office (GAO) to update a report on
public financing of political campaigns, with attention to state-level developments during the past public financing of political campaigns, with attention to state-level developments during the past
five election cycles.five election cycles.6162 The law’s general provisions also contain language relevant for campaign The law’s general provisions also contain language relevant for campaign
~~finance policy. Section 735 prohibits reporting certain political contributions or expenditures as a~~
~~condition of the government contracting process. The law also prohibits certain IRS activity on~~
~~501(c)(4) rules, and prohibits the Securities and Exchange Commission (SEC) from issuing rules~~
~~regarding disclosure of corporate trade association dues or political activity.62~~

58 58 See, for example, U.S. Congress, Senate Committee on the Budget, Dollars and Degrees: Investigating Fossil Fuel Dark Money’s Systemic Threats to Climate and the Federal Budget, 118th Cong., 1st sess., June 21, 2023. As of this writing, the hearing has not been published. See https://www.budget.senate.gov/hearings/dollars-and-degrees-investigating-fossil-fuel-dark-moneys-systemic-threats-to-climate-and-the-federal-budget. 59 For a brief summary of legislative activity related to campaign finance, elections, and voting issues during the 117th For a brief summary of legislative activity related to campaign finance, elections, and voting issues during the 117th
Congress, see CRS In Focus IF12291, Congress, see CRS In Focus IF12291, Elections and Voting: Policy and Legal Issues for the 118th Congress, by R. , by R.
Sam Garrett and L. Paige Whitaker. Sam Garrett and L. Paige Whitaker.
5960 For an overview, see CRS In Focus IF11097, For an overview, see CRS In Focus IF11097, H.R. 1 and S. 1: Overview and Related CRS Products, coordinated by , coordinated by
R. Sam Garrett. A CRS congressional distribution memorandum, R. Sam Garrett. A CRS congressional distribution memorandum, Major Provisions in S. 1 and H.R. 1, the For the
People Act of 2021, coordinated by R. Sam Garrett and Sarah J. Eckman, is available to congressional readers upon , coordinated by R. Sam Garrett and Sarah J. Eckman, is available to congressional readers upon
request. request.
6061 The Freedom to Vote: John R. Lewis Act combined elements of other election administration and voting legislation, The Freedom to Vote: John R. Lewis Act combined elements of other election administration and voting legislation,
including parts of H.R. 1 and H.R. 4, the John R. Lewis Voting Rights Advancement Act (Sewell). including parts of H.R. 1 and H.R. 4, the John R. Lewis Voting Rights Advancement Act (Sewell).
6162 H.Rept. 117-393, p. 67. The GAO report is U.S. Government Accountability Office, H.Rept. 117-393, p. 67. The GAO report is U.S. Government Accountability Office, Campaign Finance Reform:
~~Experiences of Two States That Offered Full Public Funding for Political Candidates, 10-390, May 28, 2010,~~
~~https://www.gao.gov/products/gao-10-390.~~
~~62 See §123 of the Department of the Treasury administrative provisions, and §633 of general provisions, in the~~
~~FY2023 Consolidated Appropriations Act, P.L. 117-328, 136 Stat. 4659-4660, 4703.~~
~~Congressional Research Service~~

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~~The State of Campaign Finance Policy: Recent Developments and Issues for Congress~~

(continued...) Congressional Research Service 14 The State of Campaign Finance Policy: Recent Developments and Issues for Congress finance policy. Section 735 prohibits reporting certain political contributions or expenditures as a condition of the government contracting process. The law also prohibits certain IRS activity on 501(c)(4) rules, and prohibits the Securities and Exchange Commission (SEC) from issuing rules regarding disclosure of corporate trade association dues or political activity.63 Finally, also during the 117th Congress, in May 2022, the U.S. Supreme Court issued an opinion Finally, also during the 117th Congress, in May 2022, the U.S. Supreme Court issued an opinion
concerning campaign finance. As another CRS product discusses, in concerning campaign finance. As another CRS product discusses, in Federal Election
Commission (FEC) v. Ted Cruz for Senate, the Court “invalidated a [FECA] provision … , the Court “invalidated a [FECA] provision …
establishing a $250,000 limit on the amount of post-election campaign contributions that may be establishing a $250,000 limit on the amount of post-election campaign contributions that may be
used to repay candidates for personal loans made to their campaign committees pre-election.”used to repay candidates for personal loans made to their campaign committees pre-election.”6364
116th Congress
Most legislative action on elections issues during the 116th Congress concerned election Most legislative action on elections issues during the 116th Congress concerned election
administration and voting rather than campaign finance. As such, the 116th Congress did not enact administration and voting rather than campaign finance. As such, the 116th Congress did not enact
any substantial changes to federal campaign finance law, although some major proposed changes any substantial changes to federal campaign finance law, although some major proposed changes
to the existing law passed the House. In addition, reporting language concerning foreign to the existing law passed the House. In addition, reporting language concerning foreign
interference in U.S. elections, and potentially relevant for campaign finance policy, was contained interference in U.S. elections, and potentially relevant for campaign finance policy, was contained
in enacted appropriations or defense authorization (NDAA) legislation that became law. in enacted appropriations or defense authorization (NDAA) legislation that became law.
Additional detail appears below. Additional detail appears below.
• Appropriations legislation enacted (P.L. 116-6; P.L. 116-93; and P.L. 116-260) • Appropriations legislation enacted (P.L. 116-6; P.L. 116-93; and P.L. 116-260)
during the 116th Congress did not contain major campaign finance provisions, but during the 116th Congress did not contain major campaign finance provisions, but
did continue previous prohibitions on requiring reporting of certain political did continue previous prohibitions on requiring reporting of certain political
contributions or expenditures as a condition of the government-contracting contributions or expenditures as a condition of the government-contracting
process, and on requiring certain contribution disclosure to the SEC.process, and on requiring certain contribution disclosure to the SEC.6465
• The FY2020 National Defense Authorization Act (NDAA; P.L. 116-92) required • The FY2020 National Defense Authorization Act (NDAA; P.L. 116-92) required
certain pre-election reporting about counterintelligence and cybersecurity threats certain pre-election reporting about counterintelligence and cybersecurity threats
to U.S. campaigns and required notifications to Congress in some cases.to U.S. campaigns and required notifications to Congress in some cases.6566
• The House included several campaign finance provisions in H.R. 1, the For the • The House included several campaign finance provisions in H.R. 1, the For the
People Act (Sarbanes), which that chamber passed (234-193), as amended, on People Act (Sarbanes), which that chamber passed (234-193), as amended, on
March 8, 2019.March 8, 2019.6667 Senate companion measure S. 949 did not advance beyond Senate companion measure S. 949 did not advance beyond
introduction. Campaign finance provisions in H.R. 1 would have substantially introduction. Campaign finance provisions in H.R. 1 would have substantially
amended federal campaign finance law. Major provisions of the bill would have amended federal campaign finance law. Major provisions of the bill would have
(1) required additional disclosure of campaign-related fundraising and spending, (1) required additional disclosure of campaign-related fundraising and spending,
including by some entities that do not currently normally report to the Federal including by some entities that do not currently normally report to the Federal
Election Commission (FEC); (2) established a voluntary public financing system Election Commission (FEC); (2) established a voluntary public financing system
for U.S. House campaigns; (3) substantially revised the current presidential for U.S. House campaigns; (3) substantially revised the current presidential
~~public financing system; (4) required additional disclaimer requirements~~
~~surrounding certain political advertising and restricted coordination between~~
~~campaigns and other organizations; and (5) restructured the FEC.~~
~~• Congress also considered legislation designed to prevent or respond to foreign~~
~~interference in U.S. elections. Some such legislation contained campaign finance~~
~~provisions or relied on concepts defined in campaign finance law. In particular,~~
~~H.R. 1 proposed additional reporting requirements surrounding foreign money or~~

63 Experiences of Two States That Offered Full Public Funding for Political Candidates, 10-390, May 28, 2010, https://www.gao.gov/products/gao-10-390. 63 See §123 of the Department of the Treasury administrative provisions, and §633 of general provisions, in the FY2023 Consolidated Appropriations Act, P.L. 117-328, 136 Stat. 4659-4660, 4703. 64 For additional discussion, see CRS Legal Sidebar LSB10796, For additional discussion, see CRS Legal Sidebar LSB10796, Supreme Court Invalidates Cap on Repayment of
Candidate Loans Under the First Amendment: Considerations for Congress, by L. Paige Whitaker. , by L. Paige Whitaker.
6465 For FY2019, see P.L. 116-6; 133 Stat. 194 and 133 Stat. 186 respectively. For FY2020, see P.L. 116-93; 133 Stat. For FY2019, see P.L. 116-6; 133 Stat. 194 and 133 Stat. 186 respectively. For FY2020, see P.L. 116-93; 133 Stat.
2491-2492 and 133 Stat. 2483-2484 respectively. For FY2021, see the enrolled version of H.R. 133 (Title VII, §735; 2491-2492 and 133 Stat. 2483-2484 respectively. For FY2021, see the enrolled version of H.R. 133 (Title VII, §735;
and Title VI, §631). As of this writing, public law text for the FY2021 measure (H.R. 133) is unavailable. and Title VI, §631). As of this writing, public law text for the FY2021 measure (H.R. 133) is unavailable.
6566 See 133 Stat. 2119 and 133 Stat. 2207 respectively. More generally, see CRS Report R46146, See 133 Stat. 2119 and 133 Stat. 2207 respectively. More generally, see CRS Report R46146, Campaign and
Election Security Policy: Overview and Recent Developments for Congress, coordinated by R. Sam Garrett. , coordinated by R. Sam Garrett.
6667 “Roll call vote no. 118,” House debate, “Roll call vote no. 118,” House debate, Congressional Record, daily edition, vol. 165, part 42 (2019), p. H2602. , daily edition, vol. 165, part 42 (2019), p. H2602.
During floor consideration, the House considered 54 amendments and agreed to 46. During floor consideration, the House considered 54 amendments and agreed to 46.
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public financing system; (4) required additional disclaimer requirements surrounding certain political advertising and restricted coordination between campaigns and other organizations; and (5) restructured the FEC. • Congress also considered legislation designed to prevent or respond to foreign interference in U.S. elections. Some such legislation contained campaign finance provisions or relied on concepts defined in campaign finance law. In particular, H.R. 1 proposed additional reporting requirements surrounding foreign money or foreign interference, and would have broadened and clarified FECA’s foreign foreign interference, and would have broadened and clarified FECA’s foreign
national provisions. In addition, on October 23, 2019, the House passed (227-national provisions. In addition, on October 23, 2019, the House passed (227-
181) H.R. 4617 (Lofgren), the Stopping Harmful Interference in Elections for a 181) H.R. 4617 (Lofgren), the Stopping Harmful Interference in Elections for a
Lasting Democracy (SHIELD) Act. The SHIELD Act contained several subtitles, Lasting Democracy (SHIELD) Act. The SHIELD Act contained several subtitles,
including the Honest Ads Act (§111, Subtitle B of H.R. 4617). including the Honest Ads Act (§111, Subtitle B of H.R. 4617).
• Following commissioner departures, the FEC lacked a policymaking quorum on • Following commissioner departures, the FEC lacked a policymaking quorum on
two separate occasions in 2019 and 2020. Collectively, the quorum loss spanned two separate occasions in 2019 and 2020. Collectively, the quorum loss spanned
most of the 116th Congress, preventing the agency from exercising some of its most of the 116th Congress, preventing the agency from exercising some of its
core policy and enforcement functions. In December 2020, the Senate confirmed core policy and enforcement functions. In December 2020, the Senate confirmed
three commissioners, restoring the agency to a full slate of six members for the three commissioners, restoring the agency to a full slate of six members for the
first time since 2017. Another CRS report provides additional detail.first time since 2017. Another CRS report provides additional detail.6768
• Congress investigated allegations of prohibited foreign funds in U.S. campaigns • Congress investigated allegations of prohibited foreign funds in U.S. campaigns
during House and Senate oversight concerning Russian interference during the during House and Senate oversight concerning Russian interference during the
2016 elections;2016 elections;6869 Special Counsel Robert Mueller’s investigation of foreign Special Counsel Robert Mueller’s investigation of foreign
interference;interference;6970 and related oversight in Congress. and related oversight in Congress.
115th Congress
As explained in th As explained in the “What Has Changed” section of this report, the 115th Congress changed the ection of this report, the 115th Congress changed the
filing format for Senate political committees. The 115th Congress did not otherwise substantially filing format for Senate political committees. The 115th Congress did not otherwise substantially
alter campaign finance law. As with other recent Congresses, provisions in enacted appropriations alter campaign finance law. As with other recent Congresses, provisions in enacted appropriations
measures (including the electronic-filing provision) also affected campaign finance policy or law. measures (including the electronic-filing provision) also affected campaign finance policy or law.
Congress also held related oversight hearings. Additional detail appears below. Congress also held related oversight hearings. Additional detail appears below.
• On February 7, 2017, the Committee on House Administration ordered H.R. 133 • On February 7, 2017, the Committee on House Administration ordered H.R. 133
reported favorably. The bill would have terminated the presidential public reported favorably. The bill would have terminated the presidential public
financing program. Remaining amounts in the Presidential Election Campaign financing program. Remaining amounts in the Presidential Election Campaign
Fund (PECF) would be transferred to a pediatric Fund (PECF) would be transferred to a pediatric ~~research70~~research71 fund to which fund to which
previously eliminated party-convention funds were transferred under P.L. 113-94, previously eliminated party-convention funds were transferred under P.L. 113-94,
and to the general fund of the U.S. Treasury for deficit reduction. Additional and to the general fund of the U.S. Treasury for deficit reduction. Additional
information appears in another CRS product.information appears in another CRS product.7172
• Also on February 7, 2017, the Committee on House Administration ordered H.R. • Also on February 7, 2017, the Committee on House Administration ordered H.R.
634 reported favorably. The bill would have terminated the Election Assistance 634 reported favorably. The bill would have terminated the Election Assistance
~~Commission and transferred some election administration functions back to the~~
~~FEC.~~
~~• In addition to providing appropriations for the FEC, the language contained in~~
~~consolidated appropriations legislation enacted during the 115th Congress (see,~~
~~for example, P.L. 115-31; P.L. 115-141) continued the prohibition on requiring~~
~~reporting certain political contributions or expenditures as a condition of the~~

67 68 For additional information, see CRS Report R45160, For additional information, see CRS Report R45160, Federal Election Commission: Membership and Policymaking
Quorum, In Brief, by R. Sam Garrett. , by R. Sam Garrett.
6869 See, for example, U.S. Congress, Senate Select Committee on Intelligence, See, for example, U.S. Congress, Senate Select Committee on Intelligence, Russian Active Measures Campaigns and
Interference in the 2016 U.S. Election, Volumes I-V, 116th Cong., 2nd sess., 2020, S.Rept. 116-290. , 116th Cong., 2nd sess., 2020, S.Rept. 116-290.
6970 See Special Counsel Robert F. Mueller, III, See Special Counsel Robert F. Mueller, III, Report on the Investigation into Russian Interference in the 2016
Presidential Election, U.S. Department of Justice, 2 vols., Submitted pursuant to 28 C.F.R. §600.8(c), March 2019. , U.S. Department of Justice, 2 vols., Submitted pursuant to 28 C.F.R. §600.8(c), March 2019.
7071 Health care research issues and details of the pediatric research fund are beyond the scope of this report. Health care research issues and details of the pediatric research fund are beyond the scope of this report.
7172 See CRS Report R41604, See CRS Report R41604, Proposals to Eliminate Public Financing of Presidential Campaigns, by R. Sam Garrett. , by R. Sam Garrett.
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Commission and transferred some election administration functions back to the FEC. • In addition to providing appropriations for the FEC, the language contained in consolidated appropriations legislation enacted during the 115th Congress (see, for example, P.L. 115-31; P.L. 115-141) continued the prohibition on requiring reporting certain political contributions or expenditures as a condition of the government-contracting process, and on requiring campaign finance disclosure to government-contracting process, and on requiring campaign finance disclosure to
the SEC.the SEC.7273
• The Senate considered two FEC nominations, both for James E. “Trey” Trainor • The Senate considered two FEC nominations, both for James E. “Trey” Trainor
III, during the 115th Congress. III, during the 115th Congress.7374 The nomination did not advance during the 115th The nomination did not advance during the 115th
Congress (but did during the 116th Congress, as noted above).Congress (but did during the 116th Congress, as noted above).7475
• The 115th Congress occasionally addressed issues related to campaign finance in • The 115th Congress occasionally addressed issues related to campaign finance in
legislative or oversight hearings. In particular, these included attention to foreign legislative or oversight hearings. In particular, these included attention to foreign
influence in U.S. elections and disclaimers in online communications. influence in U.S. elections and disclaimers in online communications.
Foreign Money and Foreign Interference in U.S. Elections
Most recent legislative attention to foreign interference in U.S. elections concerns election Most recent legislative attention to foreign interference in U.S. elections concerns election
administration and voting rather than political campaigns. Foreign interference affecting administration and voting rather than political campaigns. Foreign interference affecting
campaigns nonetheless remains a potential risk.campaigns nonetheless remains a potential risk.7576 Two issues related to foreign interference in Two issues related to foreign interference in
U.S. campaigns may be particularly relevant for campaign finance policy. First, and the focus of U.S. campaigns may be particularly relevant for campaign finance policy. First, and the focus of
more policy attention historically, is prohibiting foreign money that could impermissibly more policy attention historically, is prohibiting foreign money that could impermissibly
influence U.S. campaigns. Second, and a more recent development, is the connection between influence U.S. campaigns. Second, and a more recent development, is the connection between
foreign interference and campaign security. This section provides brief additional discussion of foreign interference and campaign security. This section provides brief additional discussion of
both. both.
Foreign Money
The possibility of foreign money affecting U.S. campaigns emerged as a component of some The possibility of foreign money affecting U.S. campaigns emerged as a component of some
congressional hearings and agency activity beginning in the summer and fall of 2016. FECA congressional hearings and agency activity beginning in the summer and fall of 2016. FECA
prohibits foreign nationals from making contributions, or giving other things of value, or making prohibits foreign nationals from making contributions, or giving other things of value, or making
expenditures, in U.S. federal, state, or local elections.expenditures, in U.S. federal, state, or local elections.7677 Some Members of Congress and Federal Some Members of Congress and Federal
Election Commissioners have raised questions about whether prohibited foreign funds could have Election Commissioners have raised questions about whether prohibited foreign funds could have
influenced recent elections, whether additional legislative or regulatory safeguards are necessary influenced recent elections, whether additional legislative or regulatory safeguards are necessary
to protect future elections, or both. Some Members of Congress also raised the issue at various to protect future elections, or both. Some Members of Congress also raised the issue at various
oversight hearings.oversight hearings.77
~~In September 2018, the FEC reported to congressional appropriators about the agency’s~~
~~enforcement of the FECA ban on foreign funds. Congress required the report in joint explanatory~~
~~language accompanying the FY2018 Financial Services and General Government portion of the~~
~~omnibus appropriations law (H.R. 1625; P.L. 115-141). The report summarized commission~~

7278 73 See §735 and §635, respectively, P.L. 115-31. See §735 and §635, respectively, P.L. 115-31.
7374 See presidential nominations (PNs) 1024 and 1425, http://www.congress.gov, using the “nominations” option. See presidential nominations (PNs) 1024 and 1425, http://www.congress.gov, using the “nominations” option.
7475 For additional discussion, see CRS Report R45160, For additional discussion, see CRS Report R45160, Federal Election Commission: Membership and Policymaking
Quorum, In Brief, by R. Sam Garrett. , by R. Sam Garrett.
7576 For additional discussion, see CRS Report R46146, For additional discussion, see CRS Report R46146, Campaign and Election Security Policy: Overview and Recent
Developments for Congress, coordinated by R. Sam Garrett. , coordinated by R. Sam Garrett.
7677 52 U.S.C. §30121(a)(1). For additional discussion, see CRS In Focus IF10697, 52 U.S.C. §30121(a)(1). For additional discussion, see CRS In Focus IF10697, Foreign Money and U.S. Campaign
Finance Policy, by R. Sam Garrett; and CRS Legal Sidebar WSLG1857, , by R. Sam Garrett; and CRS Legal Sidebar WSLG1857, Foreign Money and U.S. Elections, by L. , by L.
Paige Whitaker. Paige Whitaker.
7778 For example, a June 26, 2018, Judiciary Committee, Subcommittee on Crime and Terrorism, hearing included For example, a June 26, 2018, Judiciary Committee, Subcommittee on Crime and Terrorism, hearing included
discussions of at least two bills (S. 1989; S. 2939) that addressed potential foreign influence in U.S. elections, in discussions of at least two bills (S. 1989; S. 2939) that addressed potential foreign influence in U.S. elections, in
addition to other topics. addition to other topics.
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In September 2018, the FEC reported to congressional appropriators about the agency’s enforcement of the FECA ban on foreign funds. Congress required the report in joint explanatory language accompanying the FY2018 Financial Services and General Government portion of the omnibus appropriations law (H.R. 1625; P.L. 115-141). The report summarized commission processes for identifying possible foreign funds and enforcing the existing FECA ban; it did not processes for identifying possible foreign funds and enforcing the existing FECA ban; it did not
propose additional action.propose additional action.7879
Foreign Interference and Campaign Operations
Political committees are responsible for their own operations, including security. More generally, Political committees are responsible for their own operations, including security. More generally,
no federal agency has specific responsibility for coordinating security preparations for political no federal agency has specific responsibility for coordinating security preparations for political
campaigns or other political committees.campaigns or other political committees.7980 Federal law enforcement agencies, particularly the Federal law enforcement agencies, particularly the
Federal Bureau of Investigation (FBI), can and do receive reports of, and investigate, suspected Federal Bureau of Investigation (FBI), can and do receive reports of, and investigate, suspected
criminal activity. In preparation for the 2020 elections, the FBI also established a “Protected criminal activity. In preparation for the 2020 elections, the FBI also established a “Protected
Voices” program that provides political campaigns,Voices” program that provides political campaigns,8081 private companies, and individuals with private companies, and individuals with
information about how to guard against and respond to cyberattacks and foreign influence information about how to guard against and respond to cyberattacks and foreign influence
campaigns. In addition, the Department of Homeland Security’s (DHS’s) Cybersecurity and campaigns. In addition, the Department of Homeland Security’s (DHS’s) Cybersecurity and
Infrastructure Security Agency (CISA), the FBI, and the Office of the Director of National Infrastructure Security Agency (CISA), the FBI, and the Office of the Director of National
Intelligence (ODNI) jointly briefed some 2020 federal political campaigns on security threats and Intelligence (ODNI) jointly briefed some 2020 federal political campaigns on security threats and
best practices.best practices.8182
In addition, following 2016 election-cycle interference, corporations and other entities sought to In addition, following 2016 election-cycle interference, corporations and other entities sought to
provide free or reduced-cost advisory services to campaigns on cybersecurity matters. provide free or reduced-cost advisory services to campaigns on cybersecurity matters.
• In 2018, the FEC determined that the FECA ban on corporate contributions does • In 2018, the FEC determined that the FECA ban on corporate contributions does
not prohibit campaigns from accepting certain information technology (IT) not prohibit campaigns from accepting certain information technology (IT)
services, at least in some circumstances. In particular, in August 2018, Microsoft services, at least in some circumstances. In particular, in August 2018, Microsoft
asked the FEC whether it could provide free enhanced security services to asked the FEC whether it could provide free enhanced security services to
“election-sensitive users” of its Office 365 email service, and other services “election-sensitive users” of its Office 365 email service, and other services
without making a prohibited corporate in-kind contribution. In its request, without making a prohibited corporate in-kind contribution. In its request,
Microsoft stated that these security services would be available to federal, state, Microsoft stated that these security services would be available to federal, state,
and local campaigns, as well as parties, vendors, and “think-tank” organizations and local campaigns, as well as parties, vendors, and “think-tank” organizations
involved in campaigns. The commission determined that Microsoft’s proposal involved in campaigns. The commission determined that Microsoft’s proposal
was permissible because the company “would be providing [enhanced security] was permissible because the company “would be providing [enhanced security]
~~services based on commercial and not political considerations, in the ordinary~~

78 79 See Federal Election Commission, “FEC Report to the Committees on Appropriations on Enforcing the Foreign See Federal Election Commission, “FEC Report to the Committees on Appropriations on Enforcing the Foreign
National Prohibition,” September 18, 2018, https://www.fec.gov/resources/cms-content/documents/National Prohibition,” September 18, 2018, https://www.fec.gov/resources/cms-content/documents/
Foreign_National_Report_To_Congress.pdf. Democratic Commissioner Ellen Weintraub wrote to congressional Foreign_National_Report_To_Congress.pdf. Democratic Commissioner Ellen Weintraub wrote to congressional
appropriators offering alternative views about the report. See Letter from Ellen L. Weintraub, Vice Chair, Federal appropriators offering alternative views about the report. See Letter from Ellen L. Weintraub, Vice Chair, Federal
Election Commission, to Congressional Appropriations Committees, September 28, 2018, https://www.fec.gov/Election Commission, to Congressional Appropriations Committees, September 28, 2018, https://www.fec.gov/
documents/896/2018-09-28-ELW-Approps-Committees-reply.pdf. documents/896/2018-09-28-ELW-Approps-Committees-reply.pdf.
7980 The Cybersecurity and Infrastructure Security Agency (CISA) offers assistance to campaigns on a voluntary basis. The Cybersecurity and Infrastructure Security Agency (CISA) offers assistance to campaigns on a voluntary basis.
For additional background, see, for example, testimony of Matthew Masterson, Senior Cybersecurity Advisor, For additional background, see, for example, testimony of Matthew Masterson, Senior Cybersecurity Advisor,
Cybersecurity and Infrastructure Security Agency, U.S. Department of Homeland Security, in U.S. Congress, House Cybersecurity and Infrastructure Security Agency, U.S. Department of Homeland Security, in U.S. Congress, House
Committee on the Judiciary,Committee on the Judiciary, Securing America’s Elections Part II: Oversight of Government Agencies, hearing, 116th , hearing, 116th
Cong., 1st sess., October 22, 2019, p. 6, at https://docs.house.gov/meetings/JU/JU00/20191022/110106/HHRG-116-Cong., 1st sess., October 22, 2019, p. 6, at https://docs.house.gov/meetings/JU/JU00/20191022/110106/HHRG-116-
JU00-Wstate-MastersonM-20191022.pdf. JU00-Wstate-MastersonM-20191022.pdf.
8081 The program also appears to provide services to political parties, and perhaps to other political committees (e.g., The program also appears to provide services to political parties, and perhaps to other political committees (e.g.,
political action committees). political action committees).
8182 See above-cited testimony from CISA Senior Cybersecurity Advisor (and former EAC Commissioner) Matthew See above-cited testimony from CISA Senior Cybersecurity Advisor (and former EAC Commissioner) Matthew
Masterson, at October 22, 2019, House Judiciary Committee oversight hearing, Masterson, at October 22, 2019, House Judiciary Committee oversight hearing, Security America’s Elections Part II:
Oversight of Government Agencies. As of this writing, the hearing record does not appear to have been published. . As of this writing, the hearing record does not appear to have been published.
Video and written materials are available on the committee website, https://judiciary.house.gov/legislation/hearings/Video and written materials are available on the committee website, https://judiciary.house.gov/legislation/hearings/
securing-america-s-elections-part-ii-oversight-government-agencies. securing-america-s-elections-part-ii-oversight-government-agencies.
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services based on commercial and not political considerations, in the ordinary course of its business, and not merely for promotional consideration or to course of its business, and not merely for promotional consideration or to
generate goodwill.”generate goodwill.”8283
• In 2019, citing the “demonstrated, currently enhanced threat of foreign • In 2019, citing the “demonstrated, currently enhanced threat of foreign
cyberattacks against party and candidate committees,” the FEC granted cyberattacks against party and candidate committees,” the FEC granted
permission for Defending Digital Campaigns, a 501(c)(4) organization, to offer permission for Defending Digital Campaigns, a 501(c)(4) organization, to offer
reduced-cost cybersecurity advisory services to political committees.reduced-cost cybersecurity advisory services to political committees.8384 In a In a
separate 2019 opinion, the FEC granted permission for reduced-fee services for separate 2019 opinion, the FEC granted permission for reduced-fee services for
campaigns responding to phishing attacks.campaigns responding to phishing attacks.8485
FEC Activity on Funding for Certain Candidate Security and Child
Care Expenses
FECA prohibits “personal use” of campaign funds. In practice, this means that campaigns may FECA prohibits “personal use” of campaign funds. In practice, this means that campaigns may
not use funds to pay for expenses that would exist without the campaign (the “irrespective not use funds to pay for expenses that would exist without the campaign (the “irrespective
test”).test”).8586 Recently, through advisory opinions (AOs), the FEC has permitted using campaign funds Recently, through advisory opinions (AOs), the FEC has permitted using campaign funds
for two types of spending that might otherwise be considered prohibited personal use. These are for two types of spending that might otherwise be considered prohibited personal use. These are
(1) using campaign funds for certain security expenses; and (2) using campaign funds for certain (1) using campaign funds for certain security expenses; and (2) using campaign funds for certain
child care expenses. child care expenses.
• After the June 14, 2017, • After the June 14, 2017, ~~attack86~~attack87 on several Members of Congress, staff, and U.S. on several Members of Congress, staff, and U.S.
Capitol Police officers in Alexandria, VA, House Sergeant at Arms Paul Irving Capitol Police officers in Alexandria, VA, House Sergeant at Arms Paul Irving
wrote to the FEC requesting guidance about the permissibility of using campaign wrote to the FEC requesting guidance about the permissibility of using campaign
funds to pay for residential security systems.funds to pay for residential security systems.8788 The FEC treated the letter as an The FEC treated the letter as an
AO request. On July 13, 2017, citing similar previous requests and specific threat AO request. On July 13, 2017, citing similar previous requests and specific threat
information and recommendations from the Capitol Police and Sergeant at Arms, information and recommendations from the Capitol Police and Sergeant at Arms,
the FEC approved the request. As a result, Members of Congress may use the FEC approved the request. As a result, Members of Congress may use
campaign funds for installing, upgrading, or monitoring residential security campaign funds for installing, upgrading, or monitoring residential security
systems in circumstances similar to those addressed in the AO. These systems systems in circumstances similar to those addressed in the AO. These systems
must be “non-structural” and may not be primarily intended to increase the must be “non-structural” and may not be primarily intended to increase the
home’s value.home’s value.8889 Similarly, the commission also approved a December 2020 Similarly, the commission also approved a December 2020
advisory opinion request from a Member of Congress. The AO granted advisory opinion request from a Member of Congress. The AO granted
permission to use campaign funds to install a home security system, based on permission to use campaign funds to install a home security system, based on

8283 The approved version is AO 2018-11, p. 3, https://www.fec.gov/files/legal/aos/2018-11/2018-11.pdf. Members of The approved version is AO 2018-11, p. 3, https://www.fec.gov/files/legal/aos/2018-11/2018-11.pdf. Members of
Congress should consult with a campaign attorney, the FEC, or both regarding individual compliance guidance. Congress should consult with a campaign attorney, the FEC, or both regarding individual compliance guidance.
8384 See the approved version of AO 2018-12, p. 1, https://www.fec.gov/files/legal/aos/2018-12/2018-12.pdf. See the approved version of AO 2018-12, p. 1, https://www.fec.gov/files/legal/aos/2018-12/2018-12.pdf.
8485 See the approved version of AO 2019-12, https://www.fec.gov/files/legal/aos/2019-12/2019-12.pdf. See the approved version of AO 2019-12, https://www.fec.gov/files/legal/aos/2019-12/2019-12.pdf.
8586 For additional discussion, see CRS Report R46878, For additional discussion, see CRS Report R46878, Permissible and Prohibited Uses of Campaign Funds:
Frequently Asked Questions and Policy Overview, by R. Sam Garrett. , by R. Sam Garrett.
8687 For additional discussion, see CRS Insight IN10719, For additional discussion, see CRS Insight IN10719, Violence Against Members of Congress and Their Staff: A Brief
Overview, by R. Eric Petersen (available to congressional clients upon request); and CRS Report R41609, , by R. Eric Petersen (available to congressional clients upon request); and CRS Report R41609, Violence
Against Members of Congress and Their Staff: Selected Examples and Congressional Responses, by R. Eric Petersen , by R. Eric Petersen
and Jennifer E. Manning. and Jennifer E. Manning.
8788 Letter from Paul D. Irving, Sergeant at Arms, U.S. House of Representatives, to Steven T. Walther, Chairman, Letter from Paul D. Irving, Sergeant at Arms, U.S. House of Representatives, to Steven T. Walther, Chairman,
Federal Election Commission, June 21, 2017. The letter is attached to July 13, 2017, open-meeting Agenda Document Federal Election Commission, June 21, 2017. The letter is attached to July 13, 2017, open-meeting Agenda Document
No. 17-29-A, https://www.fec.gov/updates/july-13-2017-open-meeting/. No. 17-29-A, https://www.fec.gov/updates/july-13-2017-open-meeting/.
8889 The approved version is July 13, 2017, open-meeting Agenda Document No. 17-32-D, https://www.fec.gov/updates/ The approved version is July 13, 2017, open-meeting Agenda Document No. 17-32-D, https://www.fec.gov/updates/
july-13-2017-open-meeting/. Members of Congress should consult with a campaign attorney, the FEC, or both july-13-2017-open-meeting/. Members of Congress should consult with a campaign attorney, the FEC, or both
regarding individual compliance guidance. regarding individual compliance guidance.
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consultations with the House Sergeant at Arms. consultations with the House Sergeant at Arms.8990 The commission subsequently The commission subsequently
granted similar requests.granted similar requests.9091
• In May 2018, the FEC granted New York congressional candidate Liuba Grechen • In May 2018, the FEC granted New York congressional candidate Liuba Grechen
Shirley’s request to use campaign funds to pay for certain child care expenses. Shirley’s request to use campaign funds to pay for certain child care expenses.9192
The commission based its decision on a related 1995 AO request (1995-42) and The commission based its decision on a related 1995 AO request (1995-42) and
the agency’s determination that the child care the candidate required resulted the agency’s determination that the child care the candidate required resulted
directly from her candidacy. Several Members of Congress urged the FEC to directly from her candidacy. Several Members of Congress urged the FEC to
grant the request. Some legislation also has proposed expanding the personal-use grant the request. Some legislation also has proposed expanding the personal-use
provision in FECA to include such expenses.provision in FECA to include such expenses.9293 The FEC also heard comments on The FEC also heard comments on
the personal-use provision, particularly for child care and health care expenses, at the personal-use provision, particularly for child care and health care expenses, at
a March 2023 hearing on a Notice of Proposed Rulemaking (NPRM) concerning a March 2023 hearing on a Notice of Proposed Rulemaking (NPRM) concerning
candidate salaries. As of this writing, it is unclear how or whether the candidate salaries. As of this writing, it is unclear how or whether the
commission will proceed on the issue.commission will proceed on the issue.9394
Regulation and Enforcement by the FEC or Through Other Areas of
Policy and Law
• In recent Congresses, FEC enforcement and transparency issues attracted • In recent Congresses, FEC enforcement and transparency issues attracted
attention in Congress and beyond. Legislation to restructure the agency has been attention in Congress and beyond. Legislation to restructure the agency has been
introduced in several recent Congresses. (Additional information appears in other introduced in several recent Congresses. (Additional information appears in other
CRS products.CRS products.9495) In recent Congresses, provisions in the House-passed For the ) In recent Congresses, provisions in the House-passed For the
People Act bill (e.g., H.R. 1 in the 116th Congress and H.R. 1 in the 117th People Act bill (e.g., H.R. 1 in the 116th Congress and H.R. 1 in the 117th
Congress) would have reduced the number of commissioners from six to five and Congress) would have reduced the number of commissioners from six to five and
enhanced powers of the agency’s chairperson. enhanced powers of the agency’s chairperson.
• In recent Congresses, both chambers have expressed interest in FEC enforcement • In recent Congresses, both chambers have expressed interest in FEC enforcement
processes and powers. For example, in the 116th Congress, the Committee on processes and powers. For example, in the 116th Congress, the Committee on
House Administration received written testimony for a September 2019 hearing House Administration received written testimony for a September 2019 hearing
to oversee the agency, although the hearing itself was postponed.to oversee the agency, although the hearing itself was postponed.9596 As of this As of this
writing, a September 2023 hearing is scheduled. writing, a September 2023 hearing is scheduled.
• Particularly in the 118th Congress, some legislative attention to developments in • Particularly in the 118th Congress, some legislative attention to developments in
artificial intelligence (AI) has included campaign finance issues. In August 2023, artificial intelligence (AI) has included campaign finance issues. In August 2023,
the FEC issued a Notice of Availability seeking comment on whether the the FEC issued a Notice of Availability seeking comment on whether the
commission should undertake a rulemaking on whether a FECA prohibition on commission should undertake a rulemaking on whether a FECA prohibition on
“fraudulent misrepresentation of campaign authority” applies to political “fraudulent misrepresentation of campaign authority” applies to political
advertising generated with AI. As of this writing, it appears that the extent of the advertising generated with AI. As of this writing, it appears that the extent of the

8990 See AO 2020-06. Other AOs, cited in 2020-06, provide related discussion. See AO 2020-06. Other AOs, cited in 2020-06, provide related discussion.
9091 See, for example, AOs 2023-04 and 2022-25. See, for example, AOs 2023-04 and 2022-25.
9192 AO 2018-06. AO 2018-06.
9293 For additional discussion, see CRS Report R46878, For additional discussion, see CRS Report R46878, Permissible and Prohibited Uses of Campaign Funds:
Frequently Asked Questions and Policy Overview, by R. Sam Garrett. , by R. Sam Garrett.
9394 On the NPRM, see Federal Election Commission, “Candidate Salaries,” 87 On the NPRM, see Federal Election Commission, “Candidate Salaries,” 87 Federal Register 237, December 12, 237, December 12,
2022. The March 22, 2023, hearing transcript is available on the FEC website by searching for REG 2021-01 at 2022. The March 22, 2023, hearing transcript is available on the FEC website by searching for REG 2021-01 at
https://sers.fec.gov/fosers/. https://sers.fec.gov/fosers/.
9495 For additional discussion of the FEC, see CRS Report R44318, For additional discussion of the FEC, see CRS Report R44318, The Federal Election Commission: Overview and
Selected Issues for Congress, by R. Sam Garrett; and CRS Report R44319, , by R. Sam Garrett; and CRS Report R44319, The Federal Election Commission:
Enforcement Process and Selected Issues for Congress, by R. Sam Garrett. , by R. Sam Garrett.
9596 Written testimony submitted for the hearing, scheduled for September 25, 2019, is available at Written testimony submitted for the hearing, scheduled for September 25, 2019, is available at
https://docs.house.gov/Committee/Calendar/ByEvent.aspx?EventID=109983. Previous versions of this CRS report https://docs.house.gov/Committee/Calendar/ByEvent.aspx?EventID=109983. Previous versions of this CRS report
provide examples of other hearings dating to 2011. provide examples of other hearings dating to 2011.
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commission’s authority concerning AI matters, absent additional congressional commission’s authority concerning AI matters, absent additional congressional
instruction, will be a component of the debate over whether the commission instruction, will be a component of the debate over whether the commission
should proceed.should proceed.9697
• The FEC has civil responsibility for enforcing FECA. The Department of Justice • The FEC has civil responsibility for enforcing FECA. The Department of Justice
(DOJ) enforces the act’s criminal provisions, and the FEC may refer suspected (DOJ) enforces the act’s criminal provisions, and the FEC may refer suspected
criminal violations to DOJ.criminal violations to DOJ.9798 Throughout its history, some aspects of FEC Throughout its history, some aspects of FEC
enforcement have been controversial, partially because the commission’s six-enforcement have been controversial, partially because the commission’s six-
member structure as established in FECA sometimes produces stalemates in member structure as established in FECA sometimes produces stalemates in
enforcement actions.enforcement actions.9899 Some have argued that DOJ should pursue more vigorous Some have argued that DOJ should pursue more vigorous
enforcement of campaign finance law, both on its own authority and in lieu of enforcement of campaign finance law, both on its own authority and in lieu of
FEC action. FEC action.
• Some Members of Congress have proposed requiring companies to provide • Some Members of Congress have proposed requiring companies to provide
additional information to shareholders if the companies choose to make additional information to shareholders if the companies choose to make
electioneering communications or independent expenditures. These proposals are electioneering communications or independent expenditures. These proposals are
sometimes referred to as “shareholder protection” measures, although the extent sometimes referred to as “shareholder protection” measures, although the extent
to which they would benefit shareholders or companies is subject to debate. In to which they would benefit shareholders or companies is subject to debate. In
2013, the Securities and Exchange Commission (SEC) dropped plans to consider 2013, the Securities and Exchange Commission (SEC) dropped plans to consider
additional corporate disclosure of political spending, although some advocates additional corporate disclosure of political spending, although some advocates
continue to urge the agency to consider the topic.continue to urge the agency to consider the topic.99100 Since then, some advocates of Since then, some advocates of
additional campaign finance regulation have continued to urge the SEC to take additional campaign finance regulation have continued to urge the SEC to take
regulatory action to require campaign-related disclosure. As noted previously, regulatory action to require campaign-related disclosure. As noted previously,
Congress has prohibited requiring additional disclosure to the SEC, through some Congress has prohibited requiring additional disclosure to the SEC, through some
recent appropriations measures, including during the 116th and 117th Congresses. recent appropriations measures, including during the 116th and 117th Congresses.
Other legislation has proposed repealing the prohibition. Other legislation has proposed repealing the prohibition.
• In July 2010, citing • In July 2010, citing Citizens United, the SEC issued new “pay-to-play” rules—, the SEC issued new “pay-to-play” rules—
which are otherwise beyond the scope of this report—to prohibit investment which are otherwise beyond the scope of this report—to prohibit investment
advisers from seeking business from municipalities if the adviser made political advisers from seeking business from municipalities if the adviser made political
contributions to elected officials responsible for awarding contracts for advisory contributions to elected officials responsible for awarding contracts for advisory
services.services.~~100~~101 Although the rules appeared not to be targeted to federal candidates, Although the rules appeared not to be targeted to federal candidates,

9697 For additional discussion, see CRS Insight IN12222, For additional discussion, see CRS Insight IN12222, Artificial Intelligence (AI) and Campaign Finance Policy:
Recent Developments, by R. Sam Garrett; and CRS In Focus IF12468, , by R. Sam Garrett; and CRS In Focus IF12468, Artificial Intelligence (AI) in Federal Election
Campaigns: Legal Background and Constitutional Considerations for Legislation, by L. Paige Whitaker. , by L. Paige Whitaker.
9798 52 U.S.C. §30109. 52 U.S.C. §30109.
9899 For additional discussion of the agency’s structure and powers, see CRS Report R45160, For additional discussion of the agency’s structure and powers, see CRS Report R45160, Federal Election
Commission: Membership and Policymaking Quorum, In Brief, by R. Sam Garrett. , by R. Sam Garrett.
99100 In 2012, the SEC’s contribution to the Office of Information and Regulatory Affairs (OIRA) “Unified Agenda” In 2012, the SEC’s contribution to the Office of Information and Regulatory Affairs (OIRA) “Unified Agenda”
(formally the (formally the Unified Agenda of Regulatory and Deregulatory Actions) indicated that the agency was considering ) indicated that the agency was considering
developing a rule requiring disclosure of certain corporate political spending. The version of the Unified Agenda developing a rule requiring disclosure of certain corporate political spending. The version of the Unified Agenda
published in the fall of 2013 explained that the SEC was “withdrawing” the proposal but that future action was published in the fall of 2013 explained that the SEC was “withdrawing” the proposal but that future action was
possible. On the Unified Agenda, see http://www.reginfo.gov/public/do/eAgendaMain. For brief additional discussion possible. On the Unified Agenda, see http://www.reginfo.gov/public/do/eAgendaMain. For brief additional discussion
of the proposed rule, see, for example, Kenneth P. Doyle, “Disclosure of Corporate Political Spending Left Off SEC of the proposed rule, see, for example, Kenneth P. Doyle, “Disclosure of Corporate Political Spending Left Off SEC
Agenda for New Regulations,” Agenda for New Regulations,” Daily Report for Executives, December 3, 2013, p. A-1. See also Yin Wilczek, , December 3, 2013, p. A-1. See also Yin Wilczek,
“Proponents File More Than 100 Proposals Calling for Political Spending Transparency,” “Proponents File More Than 100 Proposals Calling for Political Spending Transparency,” Daily Report for Executives, ,
April 14, 2015, p. EE-9. April 14, 2015, p. EE-9.
~~100~~101 See Securities and Exchange Commission, “Political Contributions by Certain Investment Advisers,” 75 See Securities and Exchange Commission, “Political Contributions by Certain Investment Advisers,” 75 Federal
Register 41018-41071, July 14, 2010. See also Municipal Securities Rulemaking Board (MSRB) Rule G-37, 41018-41071, July 14, 2010. See also Municipal Securities Rulemaking Board (MSRB) Rule G-37, Political
Contributions and Prohibitions on Municipal Securities Business and Municipal Advisory Business, http://msrb.org/, http://msrb.org/
Rules-and-Interpretations/MSRB-Rules/General/Rule-G-37.aspx. Rules-and-Interpretations/MSRB-Rules/General/Rule-G-37.aspx.
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they can implicate state-level officeholders seeking federal office. This includes, they can implicate state-level officeholders seeking federal office. This includes,
for example, governors running for President.for example, governors running for President.~~101~~102
• During the spring of 2011, media reports indicated that the Obama • During the spring of 2011, media reports indicated that the Obama
Administration was considering a draft executive order to require additional Administration was considering a draft executive order to require additional
disclosure of government contractors’ political spending.disclosure of government contractors’ political spending.~~102~~103 Although the Although the
executive order was never issued, the topic continued to garner attention. The executive order was never issued, the topic continued to garner attention. The
House Committee on Oversight and Government Reform and Committee on House Committee on Oversight and Government Reform and Committee on
Small Business held a joint hearing on the topic on May 12, 2011. Through Small Business held a joint hearing on the topic on May 12, 2011. Through
subsequent appropriations bills, including those enacted during the 116th and subsequent appropriations bills, including those enacted during the 116th and
117th Congresses, the House and Senate also prohibited requiring additional 117th Congresses, the House and Senate also prohibited requiring additional
contractor disclosure. contractor disclosure.
Politically Active Tax-Exempt Organizations and Internal Revenue
Service Disclosure Issues
Politically active tax-exempt organizations, regulated primarily by the IRC, have been engaged in Politically active tax-exempt organizations, regulated primarily by the IRC, have been engaged in
campaign activity since at least the early 2000s. Some suggest that campaign activity since at least the early 2000s. Some suggest that Citizens United provided provided
clearer permission for incorporated 501(c)(4) social welfare groups and 501(c)(6) trade clearer permission for incorporated 501(c)(4) social welfare groups and 501(c)(6) trade
associations to make electioneering communications and independent expenditures. Unions, associations to make electioneering communications and independent expenditures. Unions,
501(c)(5)s, have long participated in campaigns, but 501(c)(5)s, have long participated in campaigns, but Citizens United has been interpreted to has been interpreted to
permit labor organizations to use their treasury funds, like corporations, to make ECs and IEs. permit labor organizations to use their treasury funds, like corporations, to make ECs and IEs.
Amid increased interest in, and activity by, these 501(c) groups post-2010, controversy has Amid increased interest in, and activity by, these 501(c) groups post-2010, controversy has
emerged about how or whether their involvement in federal elections should be regulated. emerged about how or whether their involvement in federal elections should be regulated.
Currently, because 501(c) organizations are not Currently, because 501(c) organizations are not political committees as defined in FECA, they do as defined in FECA, they do
not fall under FEC or FECA requirements unless they make ECs or IEs.not fall under FEC or FECA requirements unless they make ECs or IEs.~~103~~104 Nonetheless, many Nonetheless, many
such groups engage in activity that might influence campaigns. Various issues, briefly noted such groups engage in activity that might influence campaigns. Various issues, briefly noted
below, concerning politically active tax-exempt organizations’ influence on federal campaigns below, concerning politically active tax-exempt organizations’ influence on federal campaigns
remain topics of debate. Other CRS products that focus on tax law provide additional detail, remain topics of debate. Other CRS products that focus on tax law provide additional detail,
much of which is beyond the scope of this report.much of which is beyond the scope of this report.~~104~~105
• During the Obama Administration, the IRS announced but subsequently • During the Obama Administration, the IRS announced but subsequently
withdrew a rulemaking proposal to require additional disclosure about politically withdrew a rulemaking proposal to require additional disclosure about politically
active tax-exempt organizations’ political spending.active tax-exempt organizations’ political spending.~~105~~106 The issue remained The issue remained
unresolved for the remainder of the Obama Administration. unresolved for the remainder of the Obama Administration.
• In May 2020, the IRS and the Department of the Treasury issued rules that • In May 2020, the IRS and the Department of the Treasury issued rules that
permitted certain politically active tax-exempt organizations (e.g., 501(c)(4)s) to permitted certain politically active tax-exempt organizations (e.g., 501(c)(4)s) to
withhold information identifying donors from their annual information returns withhold information identifying donors from their annual information returns

~~101~~102 See, for example, Jake Bernstein, “How an Obscure Federal Rule Could Be Shaking Up Presidential Politics,” See, for example, Jake Bernstein, “How an Obscure Federal Rule Could Be Shaking Up Presidential Politics,”
ProPublica, August 28, 2012, http://www.propublica.org/article/how-an-obscure-federal-rule-could-be-shaking-up-ProPublica, August 28, 2012, http://www.propublica.org/article/how-an-obscure-federal-rule-could-be-shaking-up-
presidential-politics; and Kenneth P. Doyle, “Judges Skeptical of Challenge to SEC Rule on Political Money From presidential-politics; and Kenneth P. Doyle, “Judges Skeptical of Challenge to SEC Rule on Political Money From
Investment Advisers,” Investment Advisers,” Daily Report for Executives, March 24, 2015, p. A-6. This report does not include a detailed , March 24, 2015, p. A-6. This report does not include a detailed
discussion of this topic, including subsequent updates unless they appear to substantially affect federal campaign discussion of this topic, including subsequent updates unless they appear to substantially affect federal campaign
finance policy. finance policy.
~~102~~103 See, for example, Kenneth P. Doyle, “Anticipated Obama Order Would Require Disclosure of Contractors’ Political See, for example, Kenneth P. Doyle, “Anticipated Obama Order Would Require Disclosure of Contractors’ Political
Money,” Money,” Daily Report for Executives, April 21, 2011, p. A-6. , April 21, 2011, p. A-6.
~~103~~104 If the groups had an affiliated super PAC, the super PAC would report to the FEC as a political committee. If the groups had an affiliated super PAC, the super PAC would report to the FEC as a political committee.
~~104~~105 See, for example, CRS In Focus IF11005, See, for example, CRS In Focus IF11005, Donor Disclosure: 501(c) Groups and Campaign Spending, by R. Sam , by R. Sam
Garrett. Garrett.
~~105~~106 For historical discussion, see, for example, Diane Freda, “IRS Plans for Broadening Political Activity Rules Trigger For historical discussion, see, for example, Diane Freda, “IRS Plans for Broadening Political Activity Rules Trigger
Stern Warning From Hatch,” Stern Warning From Hatch,” Daily Report for Executives, April 14, 2015, p. G-7. , April 14, 2015, p. G-7.
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(schedule B of IRS form 990). (schedule B of IRS form 990).~~106~~107 Previously, although this donor information was Previously, although this donor information was
not made public, filers generally had to report it to the IRS. Proponents of more not made public, filers generally had to report it to the IRS. Proponents of more
campaign finance reporting requirements generally oppose the IRS rule change, campaign finance reporting requirements generally oppose the IRS rule change,
arguing that the information is one of the few sources of donor information for arguing that the information is one of the few sources of donor information for
money that sometimes ultimately affects campaigns, even if the reports are not money that sometimes ultimately affects campaigns, even if the reports are not
publicly available. Those favoring less regulation generally contend that the publicly available. Those favoring less regulation generally contend that the
reports were burdensome and of limited value for campaign finance disclosure reports were burdensome and of limited value for campaign finance disclosure
and enforcement, especially since they are filed with the IRS rather than the and enforcement, especially since they are filed with the IRS rather than the
FEC.FEC.~~107~~108 Under the 2020 rules, the organizations must maintain donor information Under the 2020 rules, the organizations must maintain donor information
in case the IRS requests it. in case the IRS requests it.
• As noted previously, in August 2023, the House Ways and Means Committee • As noted previously, in August 2023, the House Ways and Means Committee
majority released a “request for information” seeking public input about, among majority released a “request for information” seeking public input about, among
other topics, whether the IRS should update its guidance on what constitutes other topics, whether the IRS should update its guidance on what constitutes
campaign intervention by certain tax-exempt organizations. Recent campaign intervention by certain tax-exempt organizations. Recent
appropriations laws have prohibited the Treasury Department (which houses the appropriations laws have prohibited the Treasury Department (which houses the
IRS) from spending appropriated funds to issue rules or guidance concerning IRS) from spending appropriated funds to issue rules or guidance concerning
501(c)(4) tax-exempt status.501(c)(4) tax-exempt status.~~108~~109
Selected Recent Litigation About Donor Disclosure in Independent
Spending
One of the most controversial elements of campaign finance disclosure concerns identifying One of the most controversial elements of campaign finance disclosure concerns identifying
donors to organizations that make electioneering communications and independent expenditures. donors to organizations that make electioneering communications and independent expenditures.
Amid recent litigation, donor disclosure requirements can vary depending on whether a group Amid recent litigation, donor disclosure requirements can vary depending on whether a group
chooses to make ECs versus IEs. This section provides brief context about policy issues and chooses to make ECs versus IEs. This section provides brief context about policy issues and
debates that took root in recent, selected litigation, but does not address the litigation in detail or debates that took root in recent, selected litigation, but does not address the litigation in detail or
provide legal analysis. In brief, currently, it appears that greater donor disclosure is required in IE provide legal analysis. In brief, currently, it appears that greater donor disclosure is required in IE
reports than in EC reports. reports than in EC reports.
• FECA requires that those giving more than $200 “for the purpose of furthering” • FECA requires that those giving more than $200 “for the purpose of furthering”
IEs must be identified in political committees’ disclosure reports filed with the IEs must be identified in political committees’ disclosure reports filed with the
FEC.FEC.~~109~~110 By contrast, the “purpose of furthering” language does not appear in the By contrast, the “purpose of furthering” language does not appear in the
portion of FECA covering ECs. Nonetheless, FEC regulations implementing portion of FECA covering ECs. Nonetheless, FEC regulations implementing
FECA also use the “purpose of furthering” language as a threshold for identifying FECA also use the “purpose of furthering” language as a threshold for identifying
donors to corporations or unions making ECs.donors to corporations or unions making ECs.~~110~~111 In practice, this meant that, In practice, this meant that,
before recent litigation noted below, the FEC applied similar donor disclosure before recent litigation noted below, the FEC applied similar donor disclosure
requirements to both ECs and IEs. requirements to both ECs and IEs.
• Some contend that the EC regulations improperly permit those contributing to • Some contend that the EC regulations improperly permit those contributing to
ECs to avoid disclosure by making unrestricted contributions (i.e., ECs to avoid disclosure by making unrestricted contributions (i.e., not “for the “for the

~~106~~107 See Department of the Treasury, Internal Revenue Service, “Guidance Under Section 6033 Regarding the Reporting See Department of the Treasury, Internal Revenue Service, “Guidance Under Section 6033 Regarding the Reporting
Requirements of Exempt Organizations,” 85Requirements of Exempt Organizations,” 85 Federal Register 31959, May 28, 2020. See also CRS In Focus IF11005, 31959, May 28, 2020. See also CRS In Focus IF11005,
Donor Disclosure: 501(c) Groups and Campaign Spending, by R. Sam Garrett. , by R. Sam Garrett.
~~107~~108 See discussion of comments submitted in response to the proposed 2020 rules, and IRS responses, in Department of See discussion of comments submitted in response to the proposed 2020 rules, and IRS responses, in Department of
the Treasury, Internal Revenue Service, “Guidance Under Section 6033 Regarding the Reporting Requirements of the Treasury, Internal Revenue Service, “Guidance Under Section 6033 Regarding the Reporting Requirements of
Exempt Organizations,” 85Exempt Organizations,” 85 Federal Register 31959, May 28, 2020. 31959, May 28, 2020.
~~108~~ 109 See, for example, §123 of the Department of the Treasury administrative provisions in the FY2023 Consolidated See, for example, §123 of the Department of the Treasury administrative provisions in the FY2023 Consolidated
Appropriations Act, P.L. 117-328, 136 Stat. 4659-4660. Appropriations Act, P.L. 117-328, 136 Stat. 4659-4660.
~~109~~110 52 U.S.C. §30104(c)(2)(C). 52 U.S.C. §30104(c)(2)(C).
~~110~~111 11 C.F.R. §104.20(c)(9). 11 C.F.R. §104.20(c)(9).
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purpose of furthering” ECs). purpose of furthering” ECs).~~111~~112 On the basis of that argument and others, then- On the basis of that argument and others, then-
Representative Van Hollen sued the FEC in 2011. A series of federal district and Representative Van Hollen sued the FEC in 2011. A series of federal district and
appellate court rulings occurred thereafter. In January 2016, the U.S. Court of appellate court rulings occurred thereafter. In January 2016, the U.S. Court of
Appeals for the D.C. Circuit upheld the FEC rules.Appeals for the D.C. Circuit upheld the FEC rules.~~112~~113 There have been no major There have been no major
subsequent developments. As such, those making ECs may continue omitting subsequent developments. As such, those making ECs may continue omitting
donor information from EC reports in some cases.donor information from EC reports in some cases.~~113~~114
• Another recent case, • Another recent case, CREW v. FEC, considered the “purpose of furthering” , considered the “purpose of furthering”
donor-disclosure standard for IEs rather than ECs. donor-disclosure standard for IEs rather than ECs.~~114~~115 In November 2012, Citizens In November 2012, Citizens
for Responsibility and Ethics in Washington (CREW), which identifies itself as a for Responsibility and Ethics in Washington (CREW), which identifies itself as a
“watchdog” group, filed a complaint with the FEC, alleging, among other things, “watchdog” group, filed a complaint with the FEC, alleging, among other things,
that 501(c)(4) group Crossroads GPS failed to disclose its donors as required that 501(c)(4) group Crossroads GPS failed to disclose its donors as required
under FECA and agency regulations. In November 2015, FEC commissioners under FECA and agency regulations. In November 2015, FEC commissioners
deadlocked on whether Crossroads GPS had violated commission regulations and deadlocked on whether Crossroads GPS had violated commission regulations and
FECA (Matter Under Review 6696). CREW then sued the commission in federal FECA (Matter Under Review 6696). CREW then sued the commission in federal
district court for, among other things, allegedly failing to enforce disclosure district court for, among other things, allegedly failing to enforce disclosure
requirements. In August 2018, the U.S. District Court for the District of requirements. In August 2018, the U.S. District Court for the District of
Columbia ruled in CREW’s favor. After the court ruling took effect on September Columbia ruled in CREW’s favor. After the court ruling took effect on September
18, 2018, certain groups that previously did not disclose some of their donors to 18, 2018, certain groups that previously did not disclose some of their donors to
the FEC in IE reports were required do so. In August 2020, the U.S. Circuit Court the FEC in IE reports were required do so. In August 2020, the U.S. Circuit Court
of Appeals for the D.C. Circuit upheld the district court ruling that invalidated the of Appeals for the D.C. Circuit upheld the district court ruling that invalidated the
relevant portion of the FEC’s IE rules.relevant portion of the FEC’s IE rules.~~115~~116 A future rulemaking providing A future rulemaking providing
additional clarification is possible. additional clarification is possible.
The policy implications from cases such as these are important primarily for ongoing debates in The policy implications from cases such as these are important primarily for ongoing debates in
Congress and beyond about how and when donors’ identities are reported to the FEC and, Congress and beyond about how and when donors’ identities are reported to the FEC and,
therefore, to the public. As noted above, those requirements have varied most recently with therefore, to the public. As noted above, those requirements have varied most recently with
developments in litigation, rulemaking, or both. Congress has considered various legislation to developments in litigation, rulemaking, or both. Congress has considered various legislation to
make disclosure requirements more uniform (e.g., in versions of the DISCLOSE Act) across make disclosure requirements more uniform (e.g., in versions of the DISCLOSE Act) across
different kinds of political advertising. different kinds of political advertising.
Federal Communications Commission Rules on Political
Advertising Disclosure
Campaign finance law generally addresses only advertising that mentions political candidates or Campaign finance law generally addresses only advertising that mentions political candidates or
elections. In particular, some legislation focused on political advertising (such as the Honest Ads elections. In particular, some legislation focused on political advertising (such as the Honest Ads
Act, discussed previously) primarily proposes amending FECA, but also draws on or proposes Act, discussed previously) primarily proposes amending FECA, but also draws on or proposes

~~111~~112 The same argument is made concerning IE disclosure, although the absence of the “purpose of furthering” language The same argument is made concerning IE disclosure, although the absence of the “purpose of furthering” language
is unique to EC provisions in FECA. is unique to EC provisions in FECA.
~~112~~113 For additional discussion, CRS Report R43719, For additional discussion, CRS Report R43719, Campaign Finance: Constitutionality of Limits on Contributions
and Expenditures, by L. Paige Whitaker. , by L. Paige Whitaker.
~~113~~114 For additional discussion, see CRS In Focus IF11398, For additional discussion, see CRS In Focus IF11398, Campaign Finance Law: Disclosure and Disclaimer
Requirements for Political Campaign Advertising, by L. Paige Whitaker. , by L. Paige Whitaker.
~~114~~115 For additional discussion, see CRS In Focus IF11005, For additional discussion, see CRS In Focus IF11005, Donor Disclosure: 501(c) Groups and Campaign Spending, ,
by R. Sam Garrett; and CRS Report R45320, by R. Sam Garrett; and CRS Report R45320, Campaign Finance Law: An Analysis of Key Issues, Recent
Developments, and Constitutional Considerations for Legislation, by L. Paige Whitaker. , by L. Paige Whitaker.
~~115~~116 For additional discussion, see also Zainab Smith, For additional discussion, see also Zainab Smith, Appeals Court Affirms Invalidation of Disclosure Rule in
Crossroads GPS v. CREW (18-5261), Federal Election Commission, , Federal Election Commission, Record newsletter, Washington, DC, August 26, newsletter, Washington, DC, August 26,
2020, https://www.fec.gov/updates/appeals-court-affirms-invalidation-disclosure-rule-crossroads-gps-v-crew-18-5261/. 2020, https://www.fec.gov/updates/appeals-court-affirms-invalidation-disclosure-rule-crossroads-gps-v-crew-18-5261/.
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amendments to concepts addressed in telecommunications law or regulation. Another CRS report amendments to concepts addressed in telecommunications law or regulation. Another CRS report
provides additional detail on the latter.provides additional detail on the latter.~~116~~117
In BCRA, Congress required broadcasters to place information about political advertising prices In BCRA, Congress required broadcasters to place information about political advertising prices
and purchases in a “political file” available for public inspection.and purchases in a “political file” available for public inspection.~~117~~118 Partially in response to Partially in response to
Citizens United, in 2011 the FCC revisited rulemaking proceedings the agency began in 2007 to , in 2011 the FCC revisited rulemaking proceedings the agency began in 2007 to
consider whether broadcasters should be required to make information from the political file consider whether broadcasters should be required to make information from the political file
available on the internet rather than only through paper records at individual television stations. available on the internet rather than only through paper records at individual television stations.
On April 27, 2012, the FCC approved new rules to require television broadcasters affiliated with On April 27, 2012, the FCC approved new rules to require television broadcasters affiliated with
the ABC, CBS, Fox, and NBC networks in the top 50 designated market areas (DMAs) to post the ABC, CBS, Fox, and NBC networks in the top 50 designated market areas (DMAs) to post
political file information on the commission’s website.political file information on the commission’s website.~~118~~119 These rules took effect on August 2, These rules took effect on August 2,
2012. Stations outside the top 50 DMAs or unaffiliated with the top four networks were required 2012. Stations outside the top 50 DMAs or unaffiliated with the top four networks were required
to comply as of July 2014.to comply as of July 2014.~~119~~120 In February 2016, the FCC extended the online-disclosure In February 2016, the FCC extended the online-disclosure
requirements to cable and satellite operators and broadcast radio.requirements to cable and satellite operators and broadcast radio.~~120~~121 In addition, in 2019 and 2020, In addition, in 2019 and 2020,
the FCC issued clarifications to political file rules concerning availability of information about the FCC issued clarifications to political file rules concerning availability of information about
advertising that addresses certain policy or legislative issues.advertising that addresses certain policy or legislative issues.~~121~~122
Revisiting Disclosure Requirements
Historically, disclosure aimed at reducing the threat of real or apparent corruption has received Historically, disclosure aimed at reducing the threat of real or apparent corruption has received
bipartisan support. In fact, disclosure typically has been regarded as one of the least controversial bipartisan support. In fact, disclosure typically has been regarded as one of the least controversial
aspects of an otherwise often-contentious debate over the nation’s campaign finance policy. aspects of an otherwise often-contentious debate over the nation’s campaign finance policy.
Disclosure, then, could yield opportunities for cooperation among Members of both major parties Disclosure, then, could yield opportunities for cooperation among Members of both major parties
and across both chambers. On the other hand, some recent disclosure efforts have generated and across both chambers. On the other hand, some recent disclosure efforts have generated
controversy. Particularly since the 111th Congress consideration of the DISCLOSE Act controversy. Particularly since the 111th Congress consideration of the DISCLOSE Act
(provisions of which were included in recent versions of H.R. 1 in the 116th and 117th (provisions of which were included in recent versions of H.R. 1 in the 116th and 117th
Congresses), some lawmakers raised concerns about whether the legislation applied fairly to Congresses), some lawmakers raised concerns about whether the legislation applied fairly to
various kinds of organizations (e.g., corporations versus unions), and how much information various kinds of organizations (e.g., corporations versus unions), and how much information
those airing independent messages rather than making direct candidate contributions should be those airing independent messages rather than making direct candidate contributions should be
required to report to the FEC. required to report to the FEC.
Post- Post-Citizens United legislative activity among those who favor additional disclosure has legislative activity among those who favor additional disclosure has
generally emphasized the DISCLOSE Act, but, as noted elsewhere in this report, some have also generally emphasized the DISCLOSE Act, but, as noted elsewhere in this report, some have also
proposed reporting particular kinds of spending to agencies such as the IRS or the SEC. As noted proposed reporting particular kinds of spending to agencies such as the IRS or the SEC. As noted

~~116~~117 See CRS Report R46516, See CRS Report R46516, Identifying TV Political and Issue Ad Sponsors in the Digital Age, by Dana A. Scherer. , by Dana A. Scherer.
~~117~~118 The relevant provision appears in §504 of BCRA (P.L. 107-155). Although BCRA primarily amended FECA (2 The relevant provision appears in §504 of BCRA (P.L. 107-155). Although BCRA primarily amended FECA (2
U.S.C. §431 U.S.C. §431 et seq.), the “political file” requirement amended the 1934 Communications Act. See 47 U.S.C. §315. .), the “political file” requirement amended the 1934 Communications Act. See 47 U.S.C. §315.
~~118~~119 Federal Communications Commission, Federal Communications Commission, Second Report and Order, In the Matter of Standardized and Enhanced , In the Matter of Standardized and Enhanced
Disclosure Requirements for Television Broadcast Licensee Public Interest Obligations, MM Docket No. 00-168, Disclosure Requirements for Television Broadcast Licensee Public Interest Obligations, MM Docket No. 00-168,
Washington, DC, April 27, 2012, http://transition.fcc.gov/Daily_Releases/Daily_Business/2012/db0427/FCC-12-Washington, DC, April 27, 2012, http://transition.fcc.gov/Daily_Releases/Daily_Business/2012/db0427/FCC-12-
44A1.pdf. See also Federal Communications Commission, “Standardized and Enhanced Disclosure Requirements for 44A1.pdf. See also Federal Communications Commission, “Standardized and Enhanced Disclosure Requirements for
Television Broadcast Licensee Public Interest Obligations,” 77Television Broadcast Licensee Public Interest Obligations,” 77 Federal Register 27631, May 11, 2012. 27631, May 11, 2012.
~~119~~120 See See ~~ibid~~Ibid., and Federal Communications Commission, “Media Bureau Reminds Television Broadcasters of July 1, and Federal Communications Commission, “Media Bureau Reminds Television Broadcasters of July 1,
2014 Online Political File Deadline,” press release, April 4, 2014, http://transition.fcc.gov/Daily_Releases/2014 Online Political File Deadline,” press release, April 4, 2014, http://transition.fcc.gov/Daily_Releases/
Daily_Business/2014/db0404/DA-14-464A1.pdf. Daily_Business/2014/db0404/DA-14-464A1.pdf.
~~120~~121 See Federal Communications Commission, “Expansion of Online Public File Obligations to Cable and Satellite TV See Federal Communications Commission, “Expansion of Online Public File Obligations to Cable and Satellite TV
Operators and Broadcast and Satellite Radio Licensees,” 81Operators and Broadcast and Satellite Radio Licensees,” 81 Federal Register 10105, February 29, 2016; and Federal 10105, February 29, 2016; and Federal
Communications Commission, “Expansion of Online Public File Obligations to Cable and Satellite TV Operators and Communications Commission, “Expansion of Online Public File Obligations to Cable and Satellite TV Operators and
Broadcast and Satellite Radio Licensees,” 80Broadcast and Satellite Radio Licensees,” 80 Federal Register 8031, February 13, 2015. 8031, February 13, 2015.
~~121~~122 For additional discussion, see CRS Report R46516, For additional discussion, see CRS Report R46516, Identifying TV Political and Issue Ad Sponsors in the Digital
Age, by Dana A. Scherer. , by Dana A. Scherer.
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previously, litigation and FEC rulemakings in the past decade have also considered the previously, litigation and FEC rulemakings in the past decade have also considered the
applicability of the “purpose of furthering” donor-disclosure standard for ECs and IEs. applicability of the “purpose of furthering” donor-disclosure standard for ECs and IEs.
Additional disclosure poses the advantage of making it easier to track the flow of political money. Additional disclosure poses the advantage of making it easier to track the flow of political money.
Disclosure, however, does not guarantee complete information, nor does it necessarily guard Disclosure, however, does not guarantee complete information, nor does it necessarily guard
against all forms of potential corruption. For example, current requirements generally make it against all forms of potential corruption. For example, current requirements generally make it
possible to identify which people or organizations were involved in a political transaction. This possible to identify which people or organizations were involved in a political transaction. This
information promotes partial transparency, but does not, in and of itself, provide detailed information promotes partial transparency, but does not, in and of itself, provide detailed
information about what motivates those transactions or, in some cases, where the funds in information about what motivates those transactions or, in some cases, where the funds in
question originated.question originated.~~122~~123 Additional disclosure requirements from Congress, the FEC, or the IRS Additional disclosure requirements from Congress, the FEC, or the IRS
could provide additional clarity. could provide additional clarity.
Disclosure and Disclaimers in Online and Digital Communications
Disclosure and the related topic of disclaimers (referring to statements of attribution in political Disclosure and the related topic of disclaimers (referring to statements of attribution in political
advertising) in online advertising have been especially prominent topics in recent years. In advertising) in online advertising have been especially prominent topics in recent years. In
particular, after the particular, after the Citizens United decision, and reports of foreign interference in the 2016 decision, and reports of foreign interference in the 2016
elections using social media, renewed interest in online advertising appeared in Congress and at elections using social media, renewed interest in online advertising appeared in Congress and at
the FEC. the FEC.
In 2011, the FEC announced an ANPRM to receive comments on whether it should update its In 2011, the FEC announced an ANPRM to receive comments on whether it should update its
rules concerning internet disclaimers, but the agency did not advance new rules. In 2016, amid rules concerning internet disclaimers, but the agency did not advance new rules. In 2016, amid
the increased online activity surrounding the 2016 election cycle, the FEC announced that it was the increased online activity surrounding the 2016 election cycle, the FEC announced that it was
reopening the comment period on the 2011 ANPRM. It again reopened the comment period in reopening the comment period on the 2011 ANPRM. It again reopened the comment period in
October 2017. Several Members of Congress filed comments. On November 16, 2017, the FEC October 2017. Several Members of Congress filed comments. On November 16, 2017, the FEC
voted to draft revised internet-disclaimer rules (a notice of proposed rulemaking) for paid voted to draft revised internet-disclaimer rules (a notice of proposed rulemaking) for paid
advertising. The commission may consider adopting those revised rules in the future.advertising. The commission may consider adopting those revised rules in the future.~~123~~124
Congress has not enacted legislation focused specifically on online campaign activity, although Congress has not enacted legislation focused specifically on online campaign activity, although
elements of existing statute and FEC rules address internet communications. As noted elsewhere elements of existing statute and FEC rules address internet communications. As noted elsewhere
in this report, Congress has considered legislation that proposes additional disclosure and in this report, Congress has considered legislation that proposes additional disclosure and
disclaimer requirements in online advertising. The Honest Ads Act, which originated in the 115th disclaimer requirements in online advertising. The Honest Ads Act, which originated in the 115th
Congress (2017-2018), has been the most prominent such legislation and has been introduced Congress (2017-2018), has been the most prominent such legislation and has been introduced
both as stand-alone legislation and as a component of other bills thereafter. both as stand-alone legislation and as a component of other bills thereafter.
In October 2017, the Honest Ads Act (H.R. 4077; S. 1989) was introduced to amend FECA to In October 2017, the Honest Ads Act (H.R. 4077; S. 1989) was introduced to amend FECA to
further regulate some online ads. On October 24, 2018, the House Subcommittee on Information further regulate some online ads. On October 24, 2018, the House Subcommittee on Information
Technology, Committee on Oversight and Government Reform, held a hearing that addressed Technology, Committee on Oversight and Government Reform, held a hearing that addressed
disclaimers and disclosures surrounding online political advertising generally. Honest Ads Act disclaimers and disclosures surrounding online political advertising generally. Honest Ads Act
language was reintroduced in the 116th Congress as a stand-alone measure (H.R. 2592 [Kilmer]; language was reintroduced in the 116th Congress as a stand-alone measure (H.R. 2592 [Kilmer];
S. 1356 [Klobuchar]) and was contained in H.R. 1 (For the People Act) and H.R. 4617 (SHIELD S. 1356 [Klobuchar]) and was contained in H.R. 1 (For the People Act) and H.R. 4617 (SHIELD
Act) text that passed the House but did not advance in the Senate.Act) text that passed the House but did not advance in the Senate.~~124~~125 Honest Ads was also Honest Ads was also
included in three measures that passed the House during the 117th Congress: H.R. 1 (For the included in three measures that passed the House during the 117th Congress: H.R. 1 (For the
People Act [Sarbanes]), H.R. 5314 (Protecting Our Democracy Act [Schiff]), and H.R. 5746 People Act [Sarbanes]), H.R. 5314 (Protecting Our Democracy Act [Schiff]), and H.R. 5746
(Freedom to Vote: John R. Lewis Act [Beyer]). In the 118th Congress, it is included in H.R. 11 (Freedom to Vote: John R. Lewis Act [Beyer]). In the 118th Congress, it is included in H.R. 11

~~122~~123 Some refer to obscuring the original source of funds that eventually affect candidate campaigns as “dark money,” Some refer to obscuring the original source of funds that eventually affect candidate campaigns as “dark money,”
although the term is unofficial. although the term is unofficial.
~~123~~124 For brief additional discussion, see CRS In Focus IF10758, For brief additional discussion, see CRS In Focus IF10758, Online Political Advertising: Disclaimers and Policy
Issues, by R. Sam Garrett. , by R. Sam Garrett.
~~124~~125 H.R. 1612 and S. 2669 also contained Honest Ads Act provisions in the 116th Congress. Neither bill advanced H.R. 1612 and S. 2669 also contained Honest Ads Act provisions in the 116th Congress. Neither bill advanced
beyond introduction. beyond introduction.
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(the Freedom to Vote Act) and appears as stand-alone legislation, H.R. 2599 (Kilmer) and S. 486 (the Freedom to Vote Act) and appears as stand-alone legislation, H.R. 2599 (Kilmer) and S. 486
(Klobuchar). (Klobuchar).
Revisiting Contribution Limits
After After Citizens United, one potential concern is how candidates will be able to field competitive , one potential concern is how candidates will be able to field competitive
campaigns amid unlimited expenditures from super PACs, 501(c) organizations, corporations, or campaigns amid unlimited expenditures from super PACs, 501(c) organizations, corporations, or
unions. One option for providing additional financial resources to candidates, parties, or both, unions. One option for providing additional financial resources to candidates, parties, or both,
would be to raise or eliminate contribution limits. Particularly if contribution limits were would be to raise or eliminate contribution limits. Particularly if contribution limits were
eliminated, corruption concerns that motivated FECA and BCRA could reemerge. As noted eliminated, corruption concerns that motivated FECA and BCRA could reemerge. As noted
previously, Congress raised limits for some contributions to political parties in 2014. previously, Congress raised limits for some contributions to political parties in 2014.
Another option, which Congress has occasionally considered in recent years, would be to raise or Another option, which Congress has occasionally considered in recent years, would be to raise or
eliminate current limits on coordinated party expenditures.eliminate current limits on coordinated party expenditures.~~125~~126 Coordinated expenditures allow Coordinated expenditures allow
parties to buy goods or services on behalf of a campaign—in limited amounts—and to discuss parties to buy goods or services on behalf of a campaign—in limited amounts—and to discuss
those expenditures with the campaign.those expenditures with the campaign.~~126~~127 In a post- In a post-Citizens United and post- and post-McCutcheon
environment, additional party-coordinated expenditures could provide campaigns facing environment, additional party-coordinated expenditures could provide campaigns facing
increased outside advertising with additional resources to respond. Permitting parties to provide increased outside advertising with additional resources to respond. Permitting parties to provide
additional coordinated expenditures may also strengthen parties as institutions by increasing their additional coordinated expenditures may also strengthen parties as institutions by increasing their
relevance for candidates and the electorate. A potential drawback of this approach is that some relevance for candidates and the electorate. A potential drawback of this approach is that some
campaigns may feel compelled to adopt party strategies at odds with the campaign’s wishes to campaigns may feel compelled to adopt party strategies at odds with the campaign’s wishes to
receive the benefits of coordinated expenditures.receive the benefits of coordinated expenditures.~~127~~128 Those concerned with the influence of money Those concerned with the influence of money
in politics may object to any attempt to increase contribution limits or coordinated party in politics may object to any attempt to increase contribution limits or coordinated party
expenditures, even if those limits were raised in an effort to respond to labor- or corporate-funded expenditures, even if those limits were raised in an effort to respond to labor- or corporate-funded
advertising. Additional funding in some form, however, may be attractive to those who feel that advertising. Additional funding in some form, however, may be attractive to those who feel that
greater resources will be necessary to compete in the modern era, or perhaps to those who support greater resources will be necessary to compete in the modern era, or perhaps to those who support
increased contribution limits as a step toward campaign deregulation. A version of the FY2016 increased contribution limits as a step toward campaign deregulation. A version of the FY2016
FSGG bill (S. 1910) reported in the Senate would have amended FECA to permit parties to make FSGG bill (S. 1910) reported in the Senate would have amended FECA to permit parties to make
unlimited coordinated expenditures on behalf of their candidates if the candidate did not control unlimited coordinated expenditures on behalf of their candidates if the candidate did not control
or direct such spending. That provision, however, was not included in the FY2016 consolidated or direct such spending. That provision, however, was not included in the FY2016 consolidated
appropriations law (P.L. 114-113; H.R. 2029). appropriations law (P.L. 114-113; H.R. 2029).

~~125~~126 This option would not provide campaigns with additional funding per se, but it could ease the financial burden on This option would not provide campaigns with additional funding per se, but it could ease the financial burden on
campaigns for those purchases that parties make on the campaign’s behalf. campaigns for those purchases that parties make on the campaign’s behalf.
~~126~~ 127 Coordinated party expenditures are subject to limits based on office sought, state, and voting-age population (VAP). Coordinated party expenditures are subject to limits based on office sought, state, and voting-age population (VAP).
Exact amounts are determined by formula and updated annually by the FEC. For additional discussion, see CRS Report Exact amounts are determined by formula and updated annually by the FEC. For additional discussion, see CRS Report
RS22644, RS22644, Coordinated Party Expenditures in Federal Elections: An Overview, by R. Sam Garrett and L. Paige , by R. Sam Garrett and L. Paige
Whitaker; and CRS Report R41054, Whitaker; and CRS Report R41054, Campaign Finance Policy After Citizens United v. Federal Election Commission:
Issues and Options for Congress, by R. Sam Garrett. , by R. Sam Garrett.
~~127~~128 The long-running debate about relationships between parties and candidates is well documented. For a brief The long-running debate about relationships between parties and candidates is well documented. For a brief
overview, see, for example, Marjorie Randon Hershey, overview, see, for example, Marjorie Randon Hershey, Party Politics in America, 12th ed., pp. 65-83; and Paul S. , 12th ed., pp. 65-83; and Paul S.
Herrnson, Herrnson, Congressional Elections: Campaigning at Home and in Washington, 4th ed., pp. 86-128. , 4th ed., pp. 86-128.
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Revisiting Coordination Requirements
Both before and after Both before and after Citizens United, questions have persisted about whether unlimited , questions have persisted about whether unlimited
independent expenditures permit parties, PACs, and other groups to subsidize candidate independent expenditures permit parties, PACs, and other groups to subsidize candidate
campaigns despite FECA’s contribution limits. Such concerns first emerged in the 1980s with campaigns despite FECA’s contribution limits. Such concerns first emerged in the 1980s with
PAC spending. After PAC spending. After Citizens United, the emergence of super PACs and increased activity by , the emergence of super PACs and increased activity by
501(c) organizations increased attention to a concept known as 501(c) organizations increased attention to a concept known as coordination. A product of FEC . A product of FEC
regulations, coordination restrictions are designed to ensure that valuable goods or services—such regulations, coordination restrictions are designed to ensure that valuable goods or services—such
as polling or staff expertise—are not provided to campaigns in excess of federal contribution as polling or staff expertise—are not provided to campaigns in excess of federal contribution
limits. In practice, establishing coordination is difficult. Existing regulations require satisfying a limits. In practice, establishing coordination is difficult. Existing regulations require satisfying a
complex three-part test examining conduct, communications, and payment.complex three-part test examining conduct, communications, and payment.~~128~~129 Some Members of Some Members of
Congress and advocacy groups have proposed that Congress specify a more precise coordination Congress and advocacy groups have proposed that Congress specify a more precise coordination
standard by enacting legislation. standard by enacting legislation.
Conclusion
Some elements of federal campaign finance policy have substantially changed in recent years; Some elements of federal campaign finance policy have substantially changed in recent years;
others have remained unchanged. Enactment of BCRA in 2002 marked the culmination of efforts others have remained unchanged. Enactment of BCRA in 2002 marked the culmination of efforts
to limit soft money in federal elections and place additional regulations on political advertising to limit soft money in federal elections and place additional regulations on political advertising
airing before elections. BCRA was an extension of efforts begun in the 1970s, with enactment of airing before elections. BCRA was an extension of efforts begun in the 1970s, with enactment of
FECA, to regulate and document the flow of money in federal elections. BCRA’s soft-money ban FECA, to regulate and document the flow of money in federal elections. BCRA’s soft-money ban
and some other provisions remain in effect; but and some other provisions remain in effect; but Citizens United, , SpeechNow, and other litigation , and other litigation
since BCRA have reversed major elements of modern campaign finance law. since BCRA have reversed major elements of modern campaign finance law.
The changes discussed in this report suggest that the nation’s campaign finance policy may be a The changes discussed in this report suggest that the nation’s campaign finance policy may be a
continuing issue for Congress. Disclosure requirements, a hallmark of federal campaign finance continuing issue for Congress. Disclosure requirements, a hallmark of federal campaign finance
policy, remain unchanged, but the topic has taken on new controversy. Additional information policy, remain unchanged, but the topic has taken on new controversy. Additional information
would be required to fully document the sources and rationales behind all political expenditures. would be required to fully document the sources and rationales behind all political expenditures.
For some, such disclosure would improve transparency and discourage corruption. For others, For some, such disclosure would improve transparency and discourage corruption. For others,
additional disclosure might be viewed with suspicion and as a potential sign of government additional disclosure might be viewed with suspicion and as a potential sign of government
intrusion. Particularly in recent years, tension has also developed between competing perspectives intrusion. Particularly in recent years, tension has also developed between competing perspectives
about whether disclosure limits potential corruption or stigmatizes those who might choose to about whether disclosure limits potential corruption or stigmatizes those who might choose to
support unpopular candidates or groups. support unpopular candidates or groups.
Fundraising, spending, and reporting questions have been at the forefront of recent debates in Fundraising, spending, and reporting questions have been at the forefront of recent debates in
campaign finance policy, but they are not the only issues that may warrant attention. Even if no campaign finance policy, but they are not the only issues that may warrant attention. Even if no
legislative changes are made, additional regulation and litigation are likely, as is the constant legislative changes are made, additional regulation and litigation are likely, as is the constant
debate over the role of money in politics. Although some of the specifics are new, these themes debate over the role of money in politics. Although some of the specifics are new, these themes
discussed throughout this report have been present in campaign finance policy for decades. discussed throughout this report have been present in campaign finance policy for decades.

~~128~~129 On coordination On coordination and the three-part regulatory test for coordination, see, respectively 52 U.S.C. §30116 (previously and the three-part regulatory test for coordination, see, respectively 52 U.S.C. §30116 (previously
codified at 2 U.S.C. §441a(a)(7)(B)) and 11 C.F.R. §109.21. See also CRS Report R45320, codified at 2 U.S.C. §441a(a)(7)(B)) and 11 C.F.R. §109.21. See also CRS Report R45320, Campaign Finance Law:
An Analysis of Key Issues, Recent Developments, and Constitutional Considerations for Legislation, by L. Paige , by L. Paige
Whitaker. Whitaker.
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Author Information

R. Sam Garrett R. Sam Garrett

Specialist in American National Government Specialist in American National Government

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
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