	Introduction

The Federal Election Commission (FEC) is a six-member independent regulatory agency. The commission is responsible for administering federal campaign finance law and for civil enforcement of the Federal Election Campaign Act (FECA). The FEC also discloses campaign finance data to the public, conducts compliance training, and administers public financing for participating presidential campaigns. FECA requires that at least four of the six commissioners vote to make decisions on substantive actions. In 2008, the FEC lost its policymaking quorum for six months. One nomination is pending, and the status of future departures remains unclear. This report provides a brief overview of the FEC's policymaking powers without at least four commissioners in office. The topic may be relevant for congressional oversight of the agency, particularly if it loses its policymaking quorum, and for Senate consideration of nominations to the agency. Recent Vacancies and Nomination

As of this writing, the FEC is operating with four commissioners instead of six, as shown in Table 1 below. In late 2007, in anticipation of only two commissioners remaining in office in 2008, commissioners amended the FEC's rules of internal procedure to permit executing some duties if the agency lost its four-member policymaking quorum. The agency returned to normal operations during the rest of 2008 and throughout 2009. Media reports suggest that additional commissioners may be considering leaving the agency, although such reports are relatively common and do not necessarily foreshadow actual departures. As explained previously, this means that even if all remaining commissioners agreed on an outcome, the agency would have too few votes to execute its most consequential duties.
The Federal Election Commission (FEC) is the nation's civil campaign finance regulator. The agency ensures that campaign fundraising and spending is publicly reported; that those regulated by the Federal Election Campaign Act (FECA) and by commission regulations comply and have access to guidance; and that publicly financed presidential campaigns receive funding.
FECA requires that at least four of six commissioners agree to undertake many of the agency's key policymaking duties. As of this writing, the FEC is operating with four commissioners instead of six. Others reportedly are considering leaving the agency. One nomination to the FEC has been resubmitted during the 115th Congress; no committee or floor action has been taken on it to date.
It is entirely possible that the FEC will retain at least four commissioners and that the agency will remain able to carry out all its duties. If, however, the FEC loses its policymaking quorum—as happened for six months in 2008—the agency would be unable to hold hearings, issue rules, and enforce campaign finance law and regulation. This CRS report briefly explains the kinds of actions that FECA would preclude if the commission lost its policymaking quorum.
This report will be updated in the event of significant changes in the agency's policymaking quorum or the status of agency nominations.