An agency's interpretation of a statute is entitled to presumptive deference if the construction is sufficiently reasonable to be accepted by a reviewing court.
A political party's state committee designates a national senatorial campaign committee as its agent to make expenditures authorized by the Federal Election Campaign Act. The Federal Election Commission dismisses a complaint challenging these agency agreements, asserting they do not violate the Act. The court considers whether the Commission's interpretation is permissible. Because the statute does not expressly or by necessary implication forbid such arrangements, and because the Commission is an agency entitled to presumptive deference, the court applies a standard of reasonableness. The court finds the Commission's construction sufficiently reasonable to be accepted, as the agency's interpretation is not inconsistent with the statutory mandate.
At page 37 Assessing agency deference based on reasoning and authority56 citing cases“precisely the type of agency to which deference should presumptively be afforded.”
- Citizens for Responsibility & Ethics in Washington v. Am. Action Network, Inc., 590 F. Supp. 3d 164 (D.D.C. 2022).published(The standard to be applied by this court in reviewing the FEC’s decision not to investigate Orloski’s complaint is whether the FEC has acted ‘contrary to law.’)
- Bp Expl. & Prod. Inc. v. United States, No. 18-972 (Fed. Cl. Mar. 18, 2020).published([T]he thoroughness, validity, and consistency of an agency’s reasoning are factors that bear upon the amount of deference to be given an agency’s ruling.)
- Bois v. United States Dep't of Health & Human Servs., No. 2011-1563 (D.D.C. Mar. 2, 2012).published([T]he thoroughness, validity, and consistency of an agency’s reasoning are factors that bear upon the amount of deference to be given an agency’s ruling.)
- Shays v. Fed. Election Comm'n, 337 F. Supp. 2d 28 (D.D.C. 2004).published “the thoroughness, validity and consistency of an agency's reasoning are factors that bear upon the amount of deference to be given an agency's ruling.”
- Fed. Election Comm'n v. Arlen Specter '96, 150 F. Supp. 2d 797 (E.D. Pa. 2001).published “the thoroughness, validity, and consistency of an agency's reasoning are factors that bear upon the amount of deference to be given an agency ruling”
- Fed. Election Comm'n v. Colorado Repub. Fed. Campaign Comm., 59 F.3d 1015 (10th Cir. 1995).published See DSCC, 454 U.S. 27 , 29 n. 1, 102 S.Ct. 38 , 41 n. 1 (1981) ("Party committees are considered incapable of making 'independent' expenditures in connection with the campaigns of their party's candidates.
- Fed. Election Comm'n v. Colorado Repub. Fed. Campaign Comm., 59 F.3d 1015 (10th Cir. 1995).published See DSCC, 454 U.S. 27 , 29 n. 1, 102 S.Ct. 38 , 41 n. 1 (1981) (“Party committees are considered incapable of making ‘independent’ expenditures in connection with the campaigns of their party’s candidates.
- First Gibraltar Bank, FSB v. Dan Morales, 19 F.3d 1032 (1st Cir. 1994).published “the thoroughness, validity, and consistency of an agency's reasoning are factors that bear upon the amount of deference to be given an agency's ruling.”
- First Gibraltar Bnk v. Morales, No. 93-08170 (5th Cir. Apr. 28, 1994).published “the thoroughness, validity, and consistency of an agency's reasoning are factors that bear upon the amount of deference to be given an agency's ruling.”
- Coal Exporters Ass'n of the United States, Inc. & Nat'l Coal Ass'n v. United States of Am. & Interstate Com. Comm'n, Norfolk & W. Ry. Co., Coastal States Energy Co., Atchison, Topeka & Santa Fe Ry. Co., Nippon Steel Corp., & Patrick W. Simmons, Intervenors. E. Coal Transp. Conf. v. Interstate Com. Comm'n & United States of Am., Norfolk & W. Ry. Co., Coastal States Energy Co., & Patrick W. Simmons, Intervenors, 745 F.2d 76 (D.C. Cir. 1984).published “the thoroughness, validity, and consistency of an agency's reasoning are factors that bear upon the amount of deference to be given an agency's ruling”
Show 46 more citing cases
- John J.M. Obremski v. Off. of Pers. Mgmt. & Merit Sys. Prot. Bd., 699 F.2d 1263 (D.C. Cir. 1983).published “the thoroughness, validity, and consistency of an agency's reasoning are factors that bear on the amount of deference to be given an agency's ruling”
- Campaign Legal Ctr. v. Fed. Election Comm'n, No. 2024-2585 (D.D.C. June 26, 2025).published(calling a statement of reasons from a member of the controlling block “an official statement)
- Cent. Maine Power Co. v. Maine Comm'n on Governmental Ethics & Election Practices, 721 F. Supp. 3d 31 (D. Me. 2024).published(affording Chevron deference to the FEC’s interpretation of several FECA statutory provisions because “[t]he FEC is the type of agency which is entitled to such deference where congressional intent is ambiguous)
- Campaign Legal Ctr. v. Iowa Values, No. 2021-0389 (D.D.C. Aug. 31, 2023).publishedFirst, Iowa Values argues that since the FEC declined to investigate CLC's allegations and has now even formally closed the administrative file, an adjudication on the merits of this citizen suit would necessarily result in a second decisi…
- Heritage Action for Am. v. Fed. Election Comm'n, No. 2022-1422 (D.D.C. July 17, 2023).publishedElection Comm’n v. Democratic Senatorial Campaign Comm., 454 U.S. 27, 37 (1981), as no more than three voting members can be affiliated with the same political party, 52 U.S.C. § 30106 (a)(1).
- Akins v. Fed. Election Com, No. 1992-1864 (D.D.C. Sept. 8, 2010).published In determining whether the Commission's action was contrary to law, a reviewing court is "not to interpret the statute as it [thinks] best but rather the narrower inquiry into whether the Commission's construction was 'sufficiently reasona…
- Shays v. Fed. Election Comm'n, 340 F. Supp. 2d 39 (D.D.C. 2004).published“the thoroughness, validity, and consistency of an agency’s reasoning”
- Lndmrk Leg Fdn v. IRS, 267 F.3d 1132 (D.C. Cir. 2001).published(treating consistency under Skidmore as embracing logical consistency)
- FEC v. Natl Rifle Assn Amer, 254 F.3d 173 (D.C. Cir. 2001).published(concluding that the FEC is "precisely the type of agency to which deference should presumptively be afforded)
- In re Sealed Case, 254 F.3d 233 (D.C. Cir. 2001).published (addressing situation in which the Commission formally adopted an interpretation on three separate occasions)
- Becker v. Fed. Election Comm'n, 230 F.3d 381 (1st Cir. 2000).publishedFEC v. Democratic Senatorial Campaign Committee, 454 U.S. 27, 37 (1981). 25 Several key statutory provisions of the FECA are at issue.
- United States v. Kanchanalak, 192 F.3d 1037 (D.C. Cir. 1999).published(FEC entitled to "sub- stantial deference" when interpreting own regulation)
- Nat'l Fed'n of Fed. Employees, Local 1309 v. Dep't of the Interior, 526 U.S. 86 (1999).published (observing that the "thoroughness, validity, and consistency of an agency’s reasoning are factors that bear upon the amount of deference to be given an agency’s ruling,” but ultimately deferring to inconsistent agency po…)
- Richard J. Orloski v. Fed. Election Comm'n, 795 F.2d 156 (D.C. Cir. 1986).published
- Bill Johnson's Restaurants, Inc. v. Nat'l Labor Relations Bd., 461 U.S. 731 (1983).published
- Bureau of Alcohol v. Fed. Labor Relations Auth., 464 U.S. 89 (1983).published
- Good Samaritan Hosp. v. Shalala, 508 U.S. 402 (1993).published
- Clifton v. Fed. Election, No. 96-1812 (1st Cir. June 6, 1997).published
- NLRB v. Beverly, No. 98-1774 (1st Cir. Apr. 6, 1999).published
- W. Coal Traffic League & Its Members v. United States & Interstate Com. Comm'n, 719 F.2d 772 (5th Cir. 1983).published
- State of Texas v. United States & Interstate Com. Comm'n, 730 F.2d 409 (5th Cir. 1984).published
- United States v. Eugene T. Markgraf, 736 F.2d 1179 (7th Cir. 1984).published
- Nat'l Treasury Employees Union v. United States Merit Sys. Prot. Bd. & United States Off. of Pers. Mgmt., 743 F.2d 895 (D.C. Cir. 1984).published
- Fed. Election Comm'n v. Ted Haley Cong. Comm., 852 F.2d 1111 (9th Cir. 1988).published
- Elizabeth N. Callaway v. Comm'r, 231 F.3d 106 (2d Cir. 2000).published
- Common Cause v. Fed. Election Comm'n, 655 F. Supp. 619 (D.D.C. 1986).published
- Fed. Election Comm'n v. Colorado Repub. Fed. Campaign Comm., 839 F. Supp. 1448 (D. Colo. 1993).published
- Fed. Election Comm'n v. Political Contributions Data, Inc., 753 F. Supp. 1122 (S.D.N.Y. 1990).published
- Californians for Political Reform Found. v. Fair Political Practices Comm'n, 61 Cal. App. 4th 472 (Cal. Ct. App. 1998).published
- Nat'l Labor Relations Bd. v. Beverly Enter.-Massachusetts, Inc., 174 F.3d 13 (1st Cir. 1999).published
- Georgia Fed. Bank, F.S.B. v. Comm'r, 98 T.C. 105 (Tax Ct. 1992).published
- New York v. United States Dep't of Just., No. 19-267 (L) (2d Cir. Feb. 26, 2020).published
- McCutcheon v. Fed. Election Comm'n, No. 2020-2485 (D.D.C. Oct. 19, 2020).published
- Common Cause v. Fed. Election Comm'n, 715 F. Supp. 398 (D.D.C. 1989).published
- Ready for Ron v. Fed. Election Comm'n, No. 2022-3282 (D.D.C. May 17, 2023).published
- End Citizens United PAC v. FEC, 90 F.4th 1172 (D.C. Cir. 2024).published
- Teper v. Miller, 82 F.3d 989 (11th Cir. 1996).published
- Water Transp. Ass'n v. Interstate Com. Comm'n, 715 F.2d 581 (D.C. Cir. 1983).published
- John Glenn Presidential Comm., Inc. v. Fed. Election Comm'n, 822 F.2d 1097 (D.C. Cir. 1987).published
- Fed. Election Comm'n v. Nat'l Repub. Senatorial Comm., 966 F.2d 1471 (D.C. Cir. 1992).published
- Bush-Quayle '92 Primary Comm., Inc. v. Fed. Election Comm'n, 104 F.3d 448 (D.C. Cir. 1997).published
- Weber v. Heaney, 793 F. Supp. 1438 (D. Minn. 1992).published
- Fed. Election Comm'n v. California Democratic Party, 13 F. Supp. 2d 1031 (E.D. Cal. 1998).published
- Becker v. Fed. Election Comm'n, 112 F. Supp. 2d 172 (D. Mass. 2000).published
- Fed. Election Comm'n v. Christian Coalition, 52 F. Supp. 2d 45 (D.D.C. 1999).published
- Fed. Election Comm'n v. Nat'l Rifle Ass'n of Am., 254 F.3d 173 (D.C. Cir. 2001).published
At page 39 Determining agency reasonableness under statutory construction50 citing cases“to satisfy this standard it is not necessary for a court to find that the agency's construction was the only reasonable one or even the reading the court would have reached if the question initially had arisen in a judicial proceeding.”
- Campaign Legal Ctr. v. Fed. Election Comm'n, No. 2016-0752 (D.D.C. June 7, 2018).published J. 18 (citing Democratic Senatorial Campaign Comm., 454 U.S. at 45 (“the Commission is precisely the type of agency to which deference should presumptively be afforded,” which is part of why “Congress wisely provided that the Commission’s…
- Seneca Re-Ad Indus., Inc. v. Sec'y of the Dep't of Labor, No. 3:20-cv-02325 (N.D. Ohio Jan. 4, 2024).Council, Inc., 467 U.S. 837, 842-44 (1984)). “‘To satisfy this standard it is not necessary for a court to find that the agency’s construction was the only reasonable one or even the reading the court would have reached if the question ini…
- Campaign Legal Ctr. v. Fed. Election Comm'n, No. 2019-2336 (D.D.C. Dec. 8, 2022).publishedWith respect to the first of those two Orloski grounds, the Court’s task is ‘‘not to interpret the statute as it th[inks] best,” but rather to ask whether the Commission’s interpretation is “sufficiently reasonable to be accepted by a revi…
- Hudson v. Jewell, No. 2015-1988 (D.D.C. Apr. 10, 2020).publishedComm’n v. Democratic Senatorial Comm’n, 454 U.S. 27, 39 (1981)).
- Campaign Legal Ctr. v. FEC, 952 F.3d 352 (D.C. Cir. 2020).published In this deferential inquiry, we ask only whether the Commission’s decision was “sufficiently reasonable to be accepted.” FEC v. Democratic Senatorial Campaign Comm., 454 U.S. 27, 39 (1981) (internal quotation marks omitted).
- Akins v. Fed. Election Com, No. 1992-1864 (D.D.C. Sept. 8, 2010).published (DSCC')
- Pub. Serv. Comm'n of NY v. Mid-Louisiana Gas Co., 463 U.S. 319 (1983).published
- Sec. Indus. Ass'n v. Bd. of Governors of the Fed. Reserve Sys., 468 U.S. 137 (1984).published
- Bill Johnson's Restaurants, Inc. v. Nat'l Labor Relations Bd., 461 U.S. 731 (1983).published
- Clifton v. Fed. Election, No. 96-1812 (1st Cir. June 6, 1997).published
Show 36 more citing cases
- Inst. for Tech. Dev. v. Brown, 63 F.3d 445 (5th Cir. 1995).published
- Guardians Assn. v. Civil Serv. Comm'n of New York City, 463 U.S. 582 (1983).published
- United States v. Locke, 471 U.S. 84 (1985).published
- Small Refiner Lead Phase-Down Task Force v. United States Env't Prot. Agency, Anne M. Gorsuch, Adm'r, United States Env't Prot. Agency, Exxon Corp., Texas City Refining, Inc., Env't Def. Fund, Texaco, Inc., Intervenors. Small Refiner Lead Phase-Down Task Force v. United States Env't Prot. Agency, Anne M. Gorsuch, Adm'r, United States Env't Prot. Agency, Exxon Corp., Sun Refining & Mktg. Co., Texas City Refining, Inc., Env't Def. Fund, Texaco, Inc., Intervenors. Small Refiner Lead Phase-Down Task Force v. United States Env't Prot. Agency, Anne M. Gorsuch, Adm'r, United States Env't Prot. Agency, Env't Def. Fund, United Refining Co., Texaco, Inc., Exxon Corp., Texas City Refining, Inc., Nat. Resources Def. Council, Inc., Intervenors. Plateau, Inc. v. Anne M. Gorsuch, Adm'r, United States Env't Prot. Agency & United States Env't Prot. Agency, Simmons Oil Co. v. Anne M. Gorsuch, Adm'r, United States Env't Prot. Agency & United States Env't Prot. Agency, 705 F.2d 506 (D.C. Cir. 1983).published
- W. Pioneer, Inc. v. United States, 709 F.2d 1331 (9th Cir. 1983).published
- Patrick W. Simmons v. Interstate Com. Comm'n & United States, 829 F.2d 150 (D.C. Cir. 1987).published
- Ronald J. Hackett v. United States Parole Comm'n, 835 F.2d 878 (6th Cir. 1987).unpublished
- Nat'l Labor Relations Bd. v. Apex Paper Box Co., 976 F.2d 733 (6th Cir. 1992).unpublished
- Philipp Bros. v. United States, 640 F. Supp. 1340 (Ct. Intl. Trade 1986).published
- Auto Club Ins. v. Comm'r of Ins., 376 N.W.2d 150 (Mich. Ct. App. 1985).published
- Int'l Flavors & Fragrances, Inc. v. Dir., Div. of Taxation, 507 A.2d 700 (N.J. 1986).published
- Arnold v. United Parcel Serv., Inc., 136 F.3d 854 (1st Cir. 1998).published
- Nissho Iwai Am. Corp. v. United States, 15 Ct. Int'l Trade 644 (Ct. Intl. Trade 1991).published
- Small Refiner Lead Phase-Down Task Force v. United States Env't Prot. Agency, 705 F.2d 506 (D.C. Cir. 1983).published
- Seligman & Assocs., Inc. v. Michigan Emp. Sec. Comm'n, 417 N.W.2d 480 (Mich. Ct. App. 1987).published
- City of Ottawa v. Sammons Commc'ns, Inc., 795 F. Supp. 261 (N.D. Ill. 1992).published
- Oregon Portland Cement Co. v. United States Dep't of the Interior, 590 F. Supp. 52 (D. Alaska 1984).published
- Raymond L. Dirks v. Sec. & Exch. Comm'n, 681 F.2d 824 (D.C. Cir. 1982).published
- Specialty Equip. Mkt. Ass'n v. William D. Ruckelshaus, Adm'r, U.S. Env't Prot. Agency, Motor Veh. Mfrs. Ass'n of the United States, Inc., Intervenor. Auto. Parts Rebuilders Ass'n v. Env't Prot. Agency, Motor Veh. Mfrs. Ass'n of the United States, Inc., Intervenor. Motor Veh. Mfrs. Ass'n of the United States, Inc. v. William D. Ruckelshaus, Adm'r, U.S. Env't Prot. Agency, Auto. Importers of Am., Inc. v. William D. Ruckelshaus, Adm'r, U.S. Env't Prot. Agency, 720 F.2d 124 (D.C. Cir. 1983).published
- Bush-Quayle '92 Primary Comm., Inc. v. Fed. Election Comm'n, 104 F.3d 448 (D.C. Cir. 1997).published
- In re Sealed Case, 223 F.3d 775 (D.C. Cir. 2000).published
- Nat'l Wildlife Fed'n v. Anne Gorsuch, in Her Off. Capacity as Adm'r of the United States Env't Prot. Agency, Idaho Power Co., Montana Power Co., Puget Sound Power & Light Co., Eugene Water & Elec. Bd., Portland Gen. Elec. Co., Pub. Util. Dist. No. 1 of Chelan Cnty., Washington, Pub. Util. Dist. No. 1 of Douglas Cnty., Washington, City of Seattle, Dep't of Lighting, City of Tacoma, Dep't of Pub. Utils., Washington Water Power Co., Nat'l Wildlife Fed'n v. Anne Gorsuch, in Her Off. Capacity as Adm'r of the United States Env't Prot. Agency, N. Colorado Water Conservancy Dist., City & Cnty. of Denver Acting Through the Bd. of Water Commissioners, City of Colorado Springs, Sw. Water Conservation Dist., City of Aurora, Bd. of Water Works for the City of Pueblo, Colorado River Water Conservation Dist., Ass'n of California Water Agencies, Nat'l Wildlife Fed'n v. Anne Gorsuch, in Her Off. Capacity as Adm'r of the United States Env't Prot. Agency, Am. Water Works Ass'n & Nat'l Ass'n of Water Companies, Nat'l Wildlife Fed'n v. Anne Gorsuch, in Her Off. Capacity as Adm'r of the United States Env't Prot. Agency, Blachly-Lane Elec. Coop. Ass'n, Cent. Elec. Coop., Inc., Clearwater Power Co., Columbia Rural Elec. Ass'n, Inc., Consumers Power, Inc., Inland Power & Light Co., Kootenai Elec. Coop., Inc., Lane Elec. Coop., Inc., Lower Valley Power & Light, Inc., Pub. Util. Dist. No. 1 of Cowlitz Cnty., Washington Raft River Rural Elec. Coop., Inc., Umatilla Elec. Coop. Ass'n, Benton Rural Elec. Ass'n, Big Bend Elec. Coop., Inc., Coos-Curry Elec. Coop., Inc., Lincoln Elec. Coop., Nat'l Wildlife Fed'n v. Anne Gorsuch, in Her Off. Capacity as Adm'r of the United States Env't Prot. Agency. Appeal of Nat'l Water Resources Ass'n. Nat'l Wildlife Fed'n v. Anne Gorsuch, in Her Off. Capacity as Adm'r of the United States Env't Prot. Agency, Nat'l Wildlife Fed'n v. Anne Gorsuch, in Her Off. Capacity as Adm'r of the United States Env't Prot. Agency. Appeal of Alabama Power Co., 693 F.2d 156 (D.C. Cir. 1982).published
- Lamoille Valley R.R. Co. v. Interstate Com. Comm'n & United States of Am., Guilford Transp. Indus., Inc., Robert W. Meserve & Benjamin H. Lacy, Trs. of the Prop. of Boston & Maine Corp., Debtor, E. Magnesia Talc Co., State of Vermont, Intervenors. Providence & Worcester R.R. Co. v. Interstate Com. Comm'n & United States of Am., Guilford Transp. Indus., Inc., Robert W. Meserve & Benjamin H. Lacy, Trs. of the Prop. of Boston & Maine Corp., Debtor, State of Vermont, Intervenors. State of Vermont v. Interstate Com. Comm'n & United States of Am., Guilford Transp. Indus., Inc., Robert W. Meserve, Intervenors. Canadian Nat'l Ry. Co., Cent. Vermont Ry., Inc., Grand Trunk W. R.R. Co. & Detroit, Toledo & Ironton R.R. Co. v. Interstate Com. Comm'n & United States of Am., Robert W. Meserve & Benjamin H. Lacy, Trs. of the Prop. of Boston & Maine Corp., Debtor, Intervenors, 711 F.2d 295 (D.C. Cir. 1983).published
- Conf. of State Bank Supervisors v. Conover, 715 F.2d 604 (D.C. Cir. 1983).published
- Fmali Herb, Inc. v. Margaret M. Heckler, 715 F.2d 1385 (9th Cir. 1983).published
- Illinois Com. Comm'n v. Interstate Com. Comm'n, 749 F.2d 875 (D.C. Cir. 1984).published
- Crounse Corp. v. Interstate Com. Comm'n & United States, 781 F.2d 1176 (6th Cir. 1986).published
- Cent. & S. Motor Freight Tariff Ass'n v. United States, 843 F.2d 886 (6th Cir. 1988).published
- Prod. Workers Union of Chicago & Vicinity, Local 707 v. Nat'l Labor Relations Bd., 161 F.3d 1047 (7th Cir. 1998).published
- Florida Marine Contractors v. Williams, 378 F. Supp. 2d 1353 (M.D. Fla. 2005).published
- Akins v. Fed. Election Comm'n, 736 F. Supp. 2d 9 (D.D.C. 2010).published
- Nat'l Wildlife Fed'n v. Gorsuch, 693 F.2d 156 (D.C. Cir. 1982).published
- Lamoille Valley R.R. v. Interstate Com. Comm'n, 711 F.2d 295 (D.C. Cir. 1983).published
- Specialty Equip. Mkt. Ass'n v. Ruckelshaus, 720 F.2d 124 (D.C. Cir. 1983).published
- Massachusetts ex rel. Low-Level Radioactive Waste Mgmt. Bd. v. O'Leary, 925 F. Supp. 857 (D. Mass. 1996).published
- Cent. & S. Motor Freight Tariff Ass'n v. United States, 843 F.2d 886 (6th Cir. 1988).published
At page 32 Rejection of administrative constructions inconsistent with statutory mandate38 citing cases[T]he courts are the final authorities on issues of statutory construction. They must reject administrative constructions of the statute, whether reached by adjudication or by rule-making, that are inconsistent with the statutory mandate or that frustrate the policy that Congress sought to impleme…
- Stroup v. United States, No. 25-1431 (Fed. Cl. Mar. 17, 2026).published([T]he courts are the final authorities on issues of statutory construction. They must reject administrative constructions of [a] statute . . . that are inconsistent with the statutory mandate or that frustrate the poli…)
- Planned Parenthood of Greater v. Ushhs, 946 F.3d 1100 (9th Cir. 2020).published([Courts] must reject administrative constructions of a statute . . . that are inconsistent with the statutory mandate or that frustrate the policy that Congress sought to implement.)
- Am. Bar Ass'n v. Fed. Trade Comm'n, 671 F. Supp. 2d 64 (D.D.C. 2009).published ([T]he courts are the final authorities on issues of statutory construction. They must reject administrative constructions of the statute, whether reached by adjudication or by rule-making, that are inconsistent with th…)
- Leonard Edelman v. Lynchburg Coll., 228 F.3d 503 (4th Cir. 2000).published ([Courts] must reject administrative constructions of the statute, whether reached by adjudication or by rule-making, that are inconsistent with the statutory mandate or that frustrate the policy that Congress sought to…)
- Nat'l Org. For Women v. Soc. Sec. Admin., 736 F.2d 727 (D.C. Cir. 1984).published ([t]he interpretation put on the statute by the agency charged with administering it is entitled to deference, but the courts are the final authorities on issues of statutory construction)
- Nat. Res. Def. Council, Inc. v. United States, 348 F. Supp. 3d 1306 (Ct. Intl. Trade 2018).published (The courts are the final authorities on statutory construction. They must reject administrative constructions of the statute ... that are inconsistent with the statutory mandate or that frustrate the policy that Congre…)
- Sabo v. United States, 127 Fed. Cl. 606 (Fed. Cl. 2016).published ([Courts] must reject administrative constructions of the statute ... that are inconsistent with the statutory mandate or that frustrate the policy that Congress sought to implement.)
- Northrop Grumman Corp. v. United States, 47 Fed. Cl. 20 (Fed. Cl. 2000).published “the courts are the final authorities on issues of statutory construction. they must reject administrative constructions of the statute ... that are inconsistent with the statutory mandate ....”
- Morton v. West, 12 Vet. App. 477 (Vet. App. 1999).published ([C]ourts are the final authorities on issues of statutory construction. They must reject administrative constructions, whether reached by adjudication or by rule-making, that are inconsistent with the statutory mandate…)
- Ohio v. United States Dep't of Health & Human Servs., 761 F.2d 1187 (6th Cir. 1985).published (the courts remain the final authorities on issues of statutory construction” and “must reject administrative constructions ... that are inconsistent with the statutory mandate or that frustrate the policy that Congress…)
Show 28 more citing cases
- Illinois Cent. Gulf R.R. Co. v. Interstate Com. Comm'n & United States, 702 F.2d 111 (7th Cir. 1983).published ([courts] must reject administrative constructions of the statute, whether reached by adjudication or by rulemaking, that are inconsistent with the statutory mandate or that frustrate the policy that Congress sought to…)
- Commodity Exch., Inc. v. Commodity Futures Trading Comm'n, 543 F. Supp. 1340 (S.D.N.Y. 1982).published “the interpretation put on the statute by the agency charged with administering it is entitled to deference (citation omitted), but the courts are the final authorities on issues of statutory construction”
- State of California v. Little Sisters of the Poor, 941 F.3d 410 (9th Cir. 2019).published Ass’n v. Bd. of Governors of Fed. Reserve Sys., 468 U.S. 137, 143 (1984) (“A reviewing court ‘must reject administrative constructions of [a] statute, whether reached by adjudication or by rulemaking, that are inconsistent with the statuto…
- Synopsys, Inc. v. Mentor Graphics Corp., 814 F.3d 1309 (Fed. Cir. 2016).publishedFederal Energy Comm’n v. Democratic Senatorial Cam- paign Comm., 454 U.S. 27, 32 (1981).
- Weyer v. Twentieth Century Fox Film Corp., 198 F.3d 1104 (9th Cir. 2000).publishedCo., 96 F.3d at 1044 . 75 Olmstead v. L.C., 119 S.Ct. 2176 (1999). 76 See, e.g., FEC v. Democratic Senatorial Campaign Comm., 454 U.S. 27, 32 (1982) ("[T]he courts are the final authorities on issues of statutory construction.
- Atmel Corp. v. Info. Storage Devices, Inc., 198 F.3d 1374 (Fed. Cir. 1999).publishedThey must reject administrative constructions of [a] statute . . . that are inconsistent with the statutory mandate or that frustrate the policy that Congress sought to implement." Id. (quoting Federal Election Comm'n v. Democratic Senator…
- Am. Friends Serv. Comm. v. William H. Webster, 720 F.2d 29 (D.C. Cir. 1983).published
- Nat'l Ass'n of Greeting Card Publishers v. United States Postal Serv., 462 U.S. 810 (1983).published
- Pub. Serv. Comm'n of NY v. Mid-Louisiana Gas Co., 463 U.S. 319 (1983).published
- Belknap, Inc. v. Hale, 463 U.S. 491 (1983).published
- Chevron U. S. A. Inc. v. Nat. Resources Def. Council, Inc., 467 U.S. 837 (1984).published
- Sec. Indus. Ass'n v. Bd. of Governors of the Fed. Reserve Sys., 468 U.S. 137 (1984).published
- Nat'l Ass'n of Metal Finishers, Electroplaters of York, Inc. & Pioneer Metal Finishing, Inc. v. Env't Prot. Agency, the Inst. for Interconnecting & Packaging Elec. Circuits v. Env't Prot. Agency, Ford Motor Co., Inc. v. United States Env't Prot. Agency & Douglas M. Costle, Adm'r, United States Env't Prot. Agency, Nat. Resources Def. Council, Inc., Intervenor. Nat'l Ass'n of Metal Finishers & Inst. for Interconnecting & Packaging Elec. Circuits v. Env't Prot. Agency, Gen. Motors Corp. v. United States Env't Prot. Agency & Walter Barber, Acting Adm'r, United States Env't Prot. Agency, Nat. Resources Def. Council, Inc., Intervenor. Nat. Resources Def. Council, Inc. v. U.S. Env't Prot. Agency, Douglas M. Costle, Adm'r, U.S. Env't Prot. Agency, Chem. Mfrs. Ass'n, Am. Cyanamid Co., FMC Corp., Union Carbide Corp., Intervenors. United States Brewers Ass'n v. Adm'r, Env't Prot. Agency, & Env't Prot. Agency, Nat. Resources Def. Council, Inc., Intervenor. Mfg. Chemists Ass'n, Am. Paper Inst., Nat'l Forest Prods. Ass'n, Nat'l Paint & Coatings Ass'n, Synthetic Organic Chem. Mfrs. Ass'n, Air Prods. & Chemicals, Inc., Am. Cyanamid Co., FMC Corp., Hercules Inc., Shell Oil Co., & Union Carbide Corp. v. Env't Prot. Agency, Nat. Resources Def. Council, Inc., Intervenor. Ass'n of Metro. Sewerage Agencies v. United States Env't Prot. Agency, Nat. Resources Def. Council, Inc., Intervenor. Nat'l Ass'n of Metal Finishers v. Env't Prot. Agency, Nat. Resources Def. Council, Inc., Intervenor. Chem. Mfrs. Ass'n, Am. Cyanamid Co., FMC Corp., Union Carbide Corp. v. Env't Prot. Agency, Nat. Resources Def. Council, Inc., Intervenor. Am. Paper Inst. & Nat'l Forest Prods. Ass'n v. Env't Prot. Agency, Nat. Resources Def. Council, Inc., Intervenor. Nat. Resources Def. Council, Inc. v. U.S. Env't Prot. Agency, Chem. Mfrs. Ass'n, Am. Cyanamid Co., FMC Corp., Union Carbide Corp., Intervenors. Metal Finishing Ass'n of S. California v. Env't Prot. Agency, Interlake, Inc., Repub. Steel Corp. & United States Steel Corp. v. United States Env't Prot. Agency, Nat. Resources Def. Council, Inc., Intervenor, Am. Iron & Steel Inst., Rouge Steel Co., Intervenors. Chicago Ass'n of Com. & Indus., Illinois Mfrs.' Ass'n, & Mid-Am. Legal Found. v. United States Env't Prot. Agency, Nat. Resources Def. Council, Inc., Intervenor, 719 F.2d 624 (3d Cir. 1983).published
- Am. Trucking Ass'n v. Interstate Com. Comm'n, 770 F.2d 535 (5th Cir. 1985).published
- Inv. Co. Inst. v. Conover, 593 F. Supp. 846 (N.D. Cal. 1984).published
- Liddle v. Corps of Engineers of the United States Army, 981 F. Supp. 544 (M.D. Tenn. 1997).published
- Swallows Holding, Ltd. v. Comm'r, 126 T.C. No. 6 (Tax Ct. 2006).
- Swallows Holding, Ltd. v. Comm'r, 126 T.C. 96 (Tax Ct. 2006).published
- Nat'l Org. for Women v. Soc. Sec. Admin. of the Dep't of Health & Human Servs., 736 F.2d 727 (D.C. Cir. 1984).published
- Arroyo v. Puerto Rico Sun Oil, 2 T.C.A. 57 (1996).published
- Nat'l Ass'n of Metal Finishers v. Env't Prot. Agency, 719 F.2d 624 (3d Cir. 1983).published
- Raymond L. Dirks v. Sec. & Exch. Comm'n, 681 F.2d 824 (D.C. Cir. 1982).published
- Specialty Equip. Mkt. Ass'n v. William D. Ruckelshaus, Adm'r, U.S. Env't Prot. Agency, Motor Veh. Mfrs. Ass'n of the United States, Inc., Intervenor. Auto. Parts Rebuilders Ass'n v. Env't Prot. Agency, Motor Veh. Mfrs. Ass'n of the United States, Inc., Intervenor. Motor Veh. Mfrs. Ass'n of the United States, Inc. v. William D. Ruckelshaus, Adm'r, U.S. Env't Prot. Agency, Auto. Importers of Am., Inc. v. William D. Ruckelshaus, Adm'r, U.S. Env't Prot. Agency, 720 F.2d 124 (D.C. Cir. 1983).published
- United States v. Robert Chestman, 903 F.2d 75 (2d Cir. 1990).published
- Jewish Hosp., Inc. v. Sec'y of Health & Human Servs., 19 F.3d 270 (6th Cir. 1994).published
- Lansing Dairy, Inc. v. Mike Espy, 39 F.3d 1339 (6th Cir. 1995).published
- Carroll v. DeBuono, 998 F. Supp. 190 (N.D.N.Y. 1998).published
- Lansing Dairy, Inc. v. Espy, 39 F.3d 1339 (6th Cir. 1994).published
At page 31 Reversing agency interpretation when plain language violates statute15 citing casesAfter considering the report of its General Counsel, the Commission unanimously dismissed the complaint, concluding that there was "no reason to believe" that…
- Citizens for Responsibility & Ethics in Washington v. Fed. Election Comm'n, No. 2018-0076 (D.D.C. Mar. 29, 2019).published“The FEC’s decision is ‘contrary to law’ if (1) the FEC dismissed the complaint as a result of an impermissible interpretation of the Act, or (2) if the FEC’s dismissal of the complaint, under a permissible interpretation of the statute, w…
- Aluminum Co. of Am. v. Cent. Lincoln Peoples' Util. Dist., 467 U.S. 380 (1984).published
- Chem. Mfrs. Ass'n v. Nat. Resources Def. Council, Inc., 470 U.S. 116 (1985).published
- W. Coal Traffic League & Its Members v. United States & Interstate Com. Comm'n, 694 F.2d 378 (5th Cir. 1983).published
- Cent. Forwarding, Inc. & Household Goods Carriers' Bureau, Inc. v. Interstate Com. Comm'n & United States of Am., E. Labor Advisory Ass'n & S. Tank Line Carriers v. Interstate Com. Comm'n & United States of Am., Drug & Toilet Preparation Traffic Conf., Inc. & the Nat'l Small Shipments Traffic Conf., Inc. v. Interstate Com. Comm'n & United States of Am., 698 F.2d 1266 (5th Cir. 1983).published
- Am. Friends Serv. Comm. v. William H. Webster, 720 F.2d 29 (D.C. Cir. 1983).published
- 37 Fair empl.prac.cas. 1456, 37 Empl. Prac. Dec. P 35,271 Anthony J. Graczyk v. United Steelworkers of Am., John Howard, Peter Calacci, & Harold Picard v. United Steelworkers of Am., 763 F.2d 256 (7th Cir. 1985).published
- Richard J. Orloski v. Fed. Election Comm'n, 795 F.2d 156 (D.C. Cir. 1986).published
- Sierra Club v. Robertson, 845 F. Supp. 485 (S.D. Ohio 1994).published
- Democratic Cong. Campaign Comm. v. Fed. Election Comm'n, 645 F. Supp. 169 (D.D.C. 1986).published
Show 5 more citing cases
- Lorenzano v. Brown, 4 Vet. App. 446 (Vet. App. 1993).published
- Former Employees of Hewlett-Packard Co. v. United States, 17 Ct. Int'l Trade 31 (Ct. Intl. Trade 1993).published
- Cent. Forwarding, Inc. v. Interstate Com. Comm'n, 698 F.2d 1266 (5th Cir. 1983).published
- Graczyk v. United Steelworkers of Am., 763 F.2d 256 (7th Cir. 1985).published
- Coalport, Inc. v. Baldridge, 771 F.2d 174 (6th Cir. 1985).published
[T]he thoroughness, validity and consistency of an agency’s reasoning are factors that bear upon the amount of deference to be given an agency’s ruling.
- Shays v. Fed. Election Comm'n, 337 F. Supp. 2d 28 (D.D.C. 2004).published ([T]he thoroughness, validity and consistency of an agency’s reasoning are factors that bear upon the amount of deference to be given an agency’s ruling.)
- Fed. Election Comm'n v. Arlen Specter '96, 150 F. Supp. 2d 797 (E.D. Pa. 2001).published (the thoroughness, validity, and consistency of an agency’s reasoning are factors that bear upon the amount of deference to be given an agency ruling)
- First Gibraltar Bank, FSB v. Dan Morales, 19 F.3d 1032 (1st Cir. 1994).published ([T]he thoroughness, validity, and consistency of an agency’s reasoning are factors that bear upon the amount of deference to be given an agency’s ruling.)
- First Gibraltar Bnk v. Morales, No. 93-08170 (5th Cir. Apr. 28, 1994).published ([T]he thoroughness, validity, and consistency of an agency's reasoning are factors that bear upon the amount of deference to be given an agency's ruling.)
- Coal Exporters Ass'n of the United States, Inc. & Nat'l Coal Ass'n v. United States of Am. & Interstate Com. Comm'n, Norfolk & W. Ry. Co., Coastal States Energy Co., Atchison, Topeka & Santa Fe Ry. Co., Nippon Steel Corp., & Patrick W. Simmons, Intervenors. E. Coal Transp. Conf. v. Interstate Com. Comm'n & United States of Am., Norfolk & W. Ry. Co., Coastal States Energy Co., & Patrick W. Simmons, Intervenors, 745 F.2d 76 (D.C. Cir. 1984).published (the thoroughness, validity, and consistency of an agency's reasoning are factors that bear upon the amount of deference to be given an agency's ruling)
- John J.M. Obremski v. Off. of Pers. Mgmt. & Merit Sys. Prot. Bd., 699 F.2d 1263 (D.C. Cir. 1983).published (the thoroughness, validity, and consistency of an agency’s reasoning are factors that bear on the amount of deference to be given an agency’s ruling)
At page 45 Determining agency relationship for campaign expenditures3 citing cases“party committees are considered incapable of making 'independent' expenditures in connection with the campaigns of their party's candidates. the commission has, by regulation, forbidden such 'independent' expenditures by the national and state party committees.”
- Campaign Legal Ctr. v. Fed. Election Comm'n, No. 2016-0752 (D.D.C. June 7, 2018).published (the Commission is precisely the type of agency to which deference should presumptively be afforded,” which is part of why “Congress wisely provided that the Commission’s dismissal of a complaint should be reversed only…)
- Fed. Election Comm'n v. Colorado Repub. Fed. Campaign Comm., 59 F.3d 1015 (10th Cir. 1995).published “party committees are considered incapable of making 'independent' expenditures in connection with the campaigns of their party's candidates. the commission has, by regulation, forbidden such 'independent' expenditures b…”
- Fed. Election Comm'n v. Colorado Repub. Fed. Campaign Comm., 59 F.3d 1015 (10th Cir. 1995).published “party committees are considered incapable of making 'independent' expenditures in connection with the campaigns of their party's candidates. the commission has, by regulation, forbidden such 'independent' expenditures b…”
Party committees are considered incapable of making 'independent' expenditures in connection with the campaigns of their party's candidates. The Commission has, by regulation, forbidden such 'independent' expenditures by the national and state party committees.
- Fed. Election Comm'n v. Colorado Repub. Fed. Campaign Comm., 59 F.3d 1015 (10th Cir. 1995).published (Party committees are considered incapable of making 'independent' expenditures in connection with the campaigns of their party's candidates. The Commission has, by regulation, forbidden such 'independent' expenditures…)
- Fed. Election Comm'n v. Colorado Repub. Fed. Campaign Comm., 59 F.3d 1015 (10th Cir. 1995).published (Party committees are considered incapable of making ‘independent’ expenditures in connection with the campaigns of their party’s candidates. The Commission has, by regulation, forbidden such ‘independent’ expenditures…)
At page 28 Limiting contributions and expenditures under the FEC Act2 citing casesCharles N. Steele argued the cause for petitioner in No. 80-939. With him on the brief was Kathleen Imig Perkins. Jan W. Baran argued the cause and filed a…
- Colorado Repub. Fed. Campaign Comm. v. Fed. Election Comm'n, 518 U.S. 604 (1996).published
- Fed. Election Comm'n v. Colorado Repub. Fed. Campaign Comm., 533 U.S. 431 (2001).published
At page 38 Commission's consistent upholding of agency agreements2 citing casesOn each occasion the Commission followed the recommendation of its General Counsel. In his first report,[13] the General Counsel emphasized the absence of any…
- Mountain States Tel. & Tel. Co. v. Pueblo of Santa Ana, 472 U.S. 237 (1985).published
- Antosh v. Fed. Election Comm'n, 599 F. Supp. 850 (D.D.C. 1984).published
At page 30 Commission rulings on designated agent expenditures under the Act2 citing casesIn February 1977, in response to an inquiry submitted late in 1976, the Commission issued an Advisory Opinion, 1976-108, that it would be consistent with the…
- McGee v. Comm'r, 123 T.C. 314 (Tax Ct. 2004).published United States v. Vogel Fertilizer Co., 455 U.S. 16, 26 (1982); FEC v. Democratic Senatorial Campaign Comm., 454 U.S. 27, 30 (1981).
Other citing cases
- Zambardino v. Schweiker, 668 F.2d 194 (3d Cir. 1981).published
v.
DEMOCRATIC SENATORIAL CAMPAIGN COMMITTEE Et Al.
Lead Opinion
delivered the opinion of the Court.
The Federal Election Campaign Act of 1971, 86 Stat. 11, as amended, 2 U. S. C. §431 et seq. (1976 ed. and Supp. IV), limits the contributions that may be made to candidates or political committees in an election for federal office. One provision of the Act, § 441a(d), authorizes limited expenditures by the national and state committees of a political party in connection with a general election campaign for federal office. After authorizing such expenditures, which otherwise would be impermissible,[1] the section specifies the amount a[*29] national committee may spend in connection with a Presidential campaign, §441a(d)(2), and limits the amount that national and state committees of a political party may spend in connection with the general election campaign of a candidate for the Senate or the House of Representatives, § 441a(d)(3). In this litigation we examine whether § 441a(d)(3) is violated when a state committee of a political party designates the national senatorial campaign committee of that party as its agent for the purpose of making expenditures allowed by the Act.
I
The National Republican Senatorial Committee (NRSC) is a political committee organized specifically to support Republican candidates in elections for the United States Senate. Although the NRSC is authorized by § 441a(h) to contribute up to $17,500 to a candidate for election to the Senate, it is not given authority by § 441a(d) to make expenditures on behalf of such candidates, and it is the position of the Federal Election Commission, the agency charged with enforcement of the Act, that the NRSC may not do so on its own account. The Commission, however, has permitted the NRSC to act as the agent of national and state party committees in making expenditures on their behalf.
[*30] In February 1977, in response to an inquiry submitted late in 1976, the Commission issued an Advisory Opinion, 1976-108, that it would be consistent with the Act for the NRSC to spend its own funds in support of congressional candidates as the designated agent of the Republican National Committee (RNC). In April 1977, the Commission issued a regulation, 11 CFR § 110.7(a)(4) (1981), which provides that the national party committees may make expenditures in the general election campaign for President “through any designated agent, including state and subordinate party committees.” On the basis of this regulatory authority, the National Committee of the Democratic Party entered into an agreement specifying the Democratic Senatorial Campaign Committee (DSCC) as its agent for the expenditure of authorized funds in Senate campaigns. In 1978, certain state Republican Party committees designated the NRSC as their agent for §441a(d)(3) expenditure purposes.[2] Complaints were filed with the Commission challenging this practice as inconsistent with the Act. In dismissing these complaints, the Commission twice ruled by unanimous votes that the agency arrangements were not forbidden by the Act. In re National Republican Senatorial Committee, Federal Election Commission Matter Under Review (MUR) 780 (Jan. 19, 1979); In re National Republican Senatorial Committee, Federal Election Commission MUR 820 (June 17, 1979). In 1980, certain state committees again designated the NRSC as their agent, and on May 19, the DSCC filed its complaint with the Commission asserting that the NRSC’s agreements with the state committees were contrary to § 441a(d)(3). The complaint did not challenge the contemporaneous agency agreement under which the NRSC acted as the agent of the RNC in connection with the latter’s expenditures under § 441a(d).[*31] After considering the report of its General Counsel, the Commission unanimously dismissed the complaint, concluding that there was “no reason to believe” that the agreements violated the Act.
The DSCC petitioned for review in the District Court for the District of Columbia pursuant to §437g(a)(8).[3] That court granted the Commission’s motion for summary judgment, concluding that the decision of the Commission was not “arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law.” Democratic Senatorial Campaign Committee v. Federal Election Comm’n, No. 80-1903 (DC Aug. 28, 1980) (reprinted at App. to Pet. for Cert, of NRSC B4). On appeal, the Court of Appeals for the District of Columbia Circuit granted the NRSC leave to intervene and reversed the judgment of the District Court after concluding that the “plain language of Section 441a(d)(3) precludes” the agency agreements between state committees and the NRSC. 212 U. S. App. D. C. 374, 383, 660 F. 2d 773, 782. We granted the petitions for certiorari filed by the Commission and the NRSC, 450 U. S. 964 (1981), and we now reverse the judgment of the Court of Appeals.
I — I I — 1
Although the Court of Appeals first addressed whether and to what extent it should defer to the Commission’s construction of the Act, 212 U. S. App. D. C., at 377, 660 F. 2d, at 776, this discussion and the conclusion that little or no deference was due the Commission were pointless if the court was correct that the agency agreements violated the plain language of the Act as well as the statutory purposes revealed by the legislative history. The interpretation put[*32] on the statute by the agency charged with administering it is entitled to deference, NLRB v. Bell Aerospace Co., 416 U. S. 267, 275 (1974); Udall v. Tallman, 380 U. S. 1, 16 (1965), but the courts are the final authorities on issues of statutory construction. They must reject administrative constructions of the statute, whether reached by adjudication or by rulemaking, that are inconsistent with the statutory mandate or that frustrate the policy that Congress sought to implement. SEC v. Sloan, 436 U. S. 103, 118 (1978); FMC v. SeatrainLines, Inc., 411 U. S. 726, 745-746 (1973); Volkswagenwerk v. FMC, 390 U. S. 261, 272 (1968); NLRB v. Brown, 380 U. S. 278, 291 (1965). Accordingly, the crucial issue at the outset is whether the Court of Appeals correctly construed the Act. For the reasons that follow, we disagree with the Court of Appeals. As we understand the Act and its legislative history, § 441a(d)(3) does not foreclose the use of agency agreements. The Commission thus acted within the authority vested in it by Congress when it determined to permit such agreements.
Section 441a(d)(3) provides as follows:
“The national committee of a political party, or a State committee of a political party, including any subordinate committee of a State committee, may not make any expenditures in connection with the general election campaign of a candidate for Federal office in a State who is affiliated with such party which exceeds—
“(A) in the case of a candidate for election to the office of Senator, or of Representative from a State which is entitled to only one Representative, the greater of—
“(i) 2 cents multiplied by the voting age population of the State (as certified under subsection (e) of this section); or
“(ii) $20,000; and
“(B) in the case of a candidate for election to the office of Representative, Delegate, or Resident Commissioner in any other State, $10,000.”
[*33] It is evident from its terms that the section does not in so many words forbid the state or national party to designate agents for expenditure purposes. This much is common ground. The Court of Appeals, however, held that because § 441a(d)(3) permits expenditures in congressional campaigns to be made by national and state committees of the political parties, including subordinate committees of the latter, and because the NRSC was neither a national committee[4] nor a state committee, it should not be permitted to make expenditures under any arrangement “by which the special authority of a named entity is transferred to another.” 212 U. S. App. D. C., at 380, 660 F. 2d, at 779. Obviously, §441a(d) (3) does not permit the NRSC to make expenditures in its own right. But, contrary to the Court of Appeals, it does not follow that the NRSC may not act as an agent of a committee that is expressly authorized to make expenditures. In the nature of things, a committee must act through its employees and agents, as the Court of Appeals recognized, and nothing in the statute suggests that a state committee may not designate another committee to be its alter ego and to act in its behalf for the purposes of §441a(d)(3). To foreclose such an arrangement on the grounds that the named agent is not one of the authorized spenders under § 441a(d)(3) would foreclose all agency agreements regardless of the identity of the agent and regardless of the terms of the agency.[5] Nothing in the Act demands that the choices available to the state committee should be so severely restricted.
[*34] If the Court of Appeals is correct that any arrangement is forbidden by which an authorized committee empowers another to exercise its spending authority, then neither of the national committees could legally enter into agency relationships with its congressional campaign committees. Yet, both have regularly done so, and respondent DSCC does not challenge these arrangements. Indeed, the DSCC accepts the Commission’s regulation, 11 CFR § 110.7 (1981),[6] as valid and interprets that regulation as authorizing the agency agreements which have existed between the parties’ national committees and the Republican and Democratic Senatorial Campaign Committees.[7] Moreover, when the Commission, as required by law,[8] submitted the regulation to Congress, neither House expressed disapproval.
Despite this indication that Congress does not look unfavorably upon the NRSC’s sharing in the spending authority[*35] of § 441a(d)(3), the Court of Appeals reads such disapproval into Congress’ failure to explicitly provide for such arrangements. To bolster its argument, the court points to §441a(h),[9] which directly authorizes the national party committees, including the Republican or Democratic Senatorial Campaign Committees, to contribute up to $17,500 to a senatorial candidate. This argument, if accepted, would only underline that the NRSC may not make additional expenditures on its own account. It does not answer the question whether a state committee may exercise its statutory spending authority by designating the NRSC as its agent for this purpose.[10]
Neither does the legislative history of the Act purport to disapprove agency arrangements. The Court of Appeals refers to the defeat of the Brock Amendment, which would have exempted congressional campaign committees such as the NRSC from the Act’s expenditure limits.[11] 212 U. S. App. D. C., at 381, 660 F. 2d, at 780. But rejection of a proposal to permit congressional campaign committees to make expenditures in their own right does not necessarily affect their capacity to perform agency functions. Moreover, insofar as the intent of Congress is reflected in its failure to adopt a proposed amendment, a contrary — and indeed stronger — inference can be found in the rejection by the 96th Congress of an amendment that would have expressly[*36] prohibited the movement of funds between state and national committees of a political party.[12]
It is clear enough to us without saying more that the statute does not expressly or by necessary implication foreclose the agency agreements at issue in this case. But neither does it expressly permit or require such agreements. If this were a direct enforcement action rather than the review of a decision by the administrative agency charged with the enforcement of the statute, it may be that a court could defensibly arrive at the conclusion that agency agreements of this kind should be forbidden. It may also be that the Commission could have construed the statute to forbid the agreements and that a court would have accepted such a construction by the agency. But that is not this case. The Commission, in dismissing the DSCC’s complaint, has determined that agency agreements are not contrary to law and the question is whether the courts should defer to this judgment as a permissible construction of the Act or instead disregard the agency’s view and proceed to construe the statute based on its own view of what would best serve the purpose and policy of the Act.
Ill
The Court of Appeals determined that the Commission’s construction of the Act was entitled to no deference whatso[*37]ever. While acknowledging that deference is often appropriately given to an agency’s interpretation of its governing statute, the court refused to accord that deference here because of what it perceived as the lack of a reasoned and consistent explanation by the Commission in support of its decision. We agree that the thoroughness, validity, and consistency of an agency’s reasoning are factors that bear upon the amount of deference to be given an agency’s ruling. See Adamo Wrecking Co. v. United States, 434 U. S. 275, 287, n. 5 (1978); Skidmore v. Swift & Co., 323 U. S. 134, 140 (1944). We do not agree, however, that the Commission failed to merit that deference in this case.
Initially, we note that the Commission is precisely the type of agency to which deference should presumptively be afforded. Congress has vested the Commission with “primary and substantial responsibility for administering and enforcing the Act,” Buckley v. Valeo, 424 U. S. 1, 109 (1976), providing the agency with “extensive rulemaking and adjudicative powers.” Id., at 110. It is authorized to “formulate general policy with respect to the administration of this Act,” §437d(a)(9), and has the “sole discretionary power” to determine in the first instance whether or not a civil violation of the Act has occurred. 424 U. S., at 112, n. 153. Moreover, the Commission is inherently bipartisan in that no more than three of its six voting members may be of the same political party, §437c(a)(l), and it must decide issues charged with the dynamics of party politics, often under the pressure of an impending election. For these reasons, Congress wisely provided that the Commission’s dismissal of a complaint should be reversed only if “contrary to law.” §437g(a)(8).
The Commission’s position on the question before us is clear. Since 1976, it consistently has adhered to its construction of § 441a(d)(3) as not forbidding intraparty agency agreements. The Commission has on three separate occasions, all by unanimous votes, rejected the DSCC’s claim.[*38] On each occasion the Commission followed the recommendation of its General Counsel. In his first report,[13] the General Counsel emphasized the absence of any specific statutory prohibition of the agency arrangements, and also relied on §441a(a)(4),[14] which permits unlimited transfer of funds among state and national political committees of the same party. The second report,[15] without rejecting any of the earlier arguments, also drew support from a Commission regulation approving similar agency agreements between national level committees.[16] The third report,[17] issued in this case, added an analysis of § 441a(d)(3), reviewed the legislative history, and took note of the fact that Congress had recently amended the Act with knowledge of the Commission’s construction of § 441a(d)(3) and had let that construction stand. Unlike the Court of Appeals, we find the differences in emphasis in the three reports of little significance. All reach the same conclusion, none rejects the arguments of the others.[18] The Commission consistently has upheld the agency agreements; the fact that Commission Counsel has had the luxury of a number of sound arguments on which to base his opinions does not detract from the deference due the agency’s interpretations.[19]
[*39] Hence, in determining whether the Commission’s action was “contrary to law,” the task for the Court of Appeals was not to interpret the statute as it thought best but rather the narrower inquiry into whether the Commission’s construction was “sufficiently reasonable” to be accepted by a reviewing court. Train v. Natural Resources Defense Council, 421 U. S. 60, 75 (1975); Zenith Radio Corp. v. United States, 437 U. S. 443, 450 (1978). To satisfy this standard it is not necessary for a court to find that the agency’s construction was the only reasonable one or even the reading the court would have reached if the question initially had arisen in a judicial proceeding.- Ibid.; Udall v. Tallman, 380 U. S., at 16; Unemployment Compensation Comm’n v. Aragon, 329 U. S. 143, 153 (1946). Under this standard, we think the District Court was correct in accepting the Commission’s judgment.
As we have said, § 441a(d) does not expressly or by implication forbid agency agreements. Although the Court of Appeals and the DSCC are of the view that since the section specifically authorized only two committees — the national and state party committees — to make campaign expenditures, no other committee could make such expenditures either on its own account or on behalf of others. But the opposite reading makes equal sense: Congress, having written the statute so precisely, would have made clear that expendi[*40]tures by other committees, whether by agency or otherwise, were prohibited.
We also find acceptable the Commission’s view that the agency agreements were logically consistent with §441a (a)(4). That section authorizes the transfer of funds among national, state, and local committees of the same party. There can be little question but that the section applies to the National Republican Senatorial Committee, as that Committee is part of the Republican Party organization.[20] Under that provision, by using direct money transfers, instead of an agency agreement, the national committee could write a check to the state committee for the same amount that it would otherwise have spent directly under the agency agreement. That being so, we agree with the dissent below that the difference is “purely one of form, not substance.” 212 U. S. App. D. C., at 386, 660 F. 2d, at 785.
Money transferred to the state committee presumably would be spent as the state committee decided. Agency[*41] agreements, by comparison, might allow the NRSC to determine what expenditures to make on behalf of the state committees. The Court of Appeals made much of this, asserting that the agency arrangements, unlike §441a(a)(4) transfers, reduced the state committees to “legal shells.” The court overlooks that the NRSC easily could insist that funds transferred to a state committee be utilized in a certain manner. Conversely, state committees could retain or share control over how § 441a(d)(3) spending authority is exercised by writing conditions into the agency agreement. More fundamentally, state committees are not obligated to enter into agency agreements in the first place. The delegation of spending authority is an option, not a requirement, and it is an option resting entirely with the state committees.
Finally, the Commission’s interpretation is not inconsistent with any discernible purpose of the Act. In Buckley v. Valeo, we recognized that the primary interest served by the Act is the prevention of corruption and the appearance of corruption spawned by the real or imagined coercive influence of large financial contributions on candidates’ positions and on their actions if elected to office. 424 U. S., at 25. It has not been suggested that this basic purpose of the Act is compromised by agency arrangements. Since the limitations on the amount that can be spent under the Act apply with equal force whether a state committee exercises its authority directly or transfers it to one of the party’s national committees, an agency arrangement does not permit the expenditure of a single additional dollar.
Section 441a(d)(3) fits into the general scheme by assuring that political parties will continue to have an important role in federal elections.[21] Although the DSCC would transform this purpose into the more specific objective of stimulating political parties at the state level, none of the limited legisla[*42]tive history concerning the provision supports this view.[22] The legislative discussion of preserving a role for political parties did not differentiate between the state and national branches of the party unit. It is hardly unreasonable to suppose that the political parties were fully capable of structuring their expenditures so as to achieve the greatest possible return. Agency agreements may permit all party committees to benefit from fundraising, media expertise, and economies of scale. In turn, effective use of party resources in support of party candidates may encourage candidate loyalty and responsiveness to the party. Indeed, the very posture of these cases betrays the weakness of respondent’s argument — an argument that, at bottom, features one of the two great American political parties insisting that its rival requires judicial assistance in discovering how a legislative enactment operates to its benefit.
Thus, the absence of a prohibition on the agency arrangements at issue, the lack of a clearly enunciated legislative purpose to that effect, and indeed, the countervailing existence of a transfer mechanism whose presence is difficult to reconcile with the interpretation urged by the Court of Appeals, prevent us from finding that the Commission’s deter[*43]mination was “contrary to law.” Therefore, the judgment of the Court of Appeals is
Reversed.
Expenditures by party committees are known as “coordinated” expenditures and are subject to the monetary limits of §441a(d). See 6 FEC Record, No. 11, p. 6 (Nov. 1980). Party committees are considered in[*29]capable of making “independent” expenditures in connection with the campaigns of their party’s candidates. The Commission has, by regulation, forbidden such “independent” expenditures by the national and state party committees, 11 CFR § 110.7(B)(4) (1981), and has indicated in this litigation that the congressional campaign committees fall within that prohibition. See Brief for Petitioner Federal Election Commission in No. 80-2074 (CADC), p. 10, n. 5 (“[pjarty committees ... are deemed incapable of making independent expenditures”); Brief for Petitioner in No. 80-939, p. 38 (“NRSC is a party committee”). Thus, as the Commission admits: “Absent § 441a(d), party committees could make no expenditures whatsoever in connection with the Congressional campaigns of their party’s candidates.” Brief for Petitioner Federal Election Commission in No. 80-2074 (CADC), p. 10, n. 5.
In the 1978 senatorial elections, the NRSC spent a total of $2,770,995 under the combined spending authority of the national and state party committees. Jt. App. in No. 80-2074 (CADC), p. 105.
This section provides that “[a]ny party aggrieved” by the Commission’s dismissal of a complaint may petition the United States District Court for the District of Columbia which “may declare that the dismissal of the complaint or the action, or the failure to act, is contrary to law” and order the Commission to conform with the court’s declaration.
The RNC, not the NRSC, is the “national committee” as defined by 2 U. S. C. §431(14) (1976 ed., Supp. IV): “the organization . . . responsible for the day-to-day operation of such political party at the national level.”
The Court of Appeals’ suggests that it is misleading to characterize the agreements as ones of “agency” because the state committees do not direct how funds are to be raised and spent. We do not understand the lack of such control to be inherent in these arrangements, nor dispositive in deciding whether such agreements can be made under the Act. See infra, at 41. See also n. 6, infra.
The regulation, 11 CFR § 110.7(a)(1) (1981), allows the “national committee of a political party [to] make expenditures in connection with the general election campaign of any candidate for President . . . affiliated with the party,” up to “an amount equal to 2 cents multiplied by the voting age population of the United States,” the amount authorized by § 441a(d)(2). These expenditures may be made “through any designated agent, including State and subordinate committees.” The regulation goes on to authorize the national committee to make expenditures on behalf of congressional and senatorial candidates of the party.
While the regulation directly authorizes transfers of spending authority only with respect to Presidential campaign expenditures, the significance of the regulation is that it clearly demonstrates that § 441a(d) expenditures do not have to be made directly by the committee specified in the statute.
In its brief before the Court of Appeals, the DSCC expressly stated that it “does not challenge this regulation or the NRSC’s role as agent of the Republican National Committee.” See Brief for Appellant DSCC in No. 80-2074 (CADC), p. 20, n. 16.
The Act requires that before prescribing any rule or regulation the Commission shall transmit the proposed rule and an accompanying statement to the Senate and the House. If neither House disapproves the proposed rule within 30 legislative days, the Commission may proceed to issue the rule. § 438(d).
Section 441a(h) authorizes the “Republican or Democratic Senatorial Campaign Committee, or the national committee of a political party, or any combination of such committees” to contribute “not more than $17,500” to a senatorial candidate.
By its terms, the provision does not restrict a senatorial campaign committee from making expenditures on behalf of other committees.
During the 1974 legislative debates, Senator Brock proposed an amendment that would have exempted congressional campaign committees from the expenditure limitations of the Act. 120 Cong. Rec. 9549-9551 (1974). The Senate initially adopted the amendment, but reversed itself five days later. Id., at 10062-10064.
Section 113 of H. R. 11315 would have prohibited any “movement of funds” between “the political committees of a national political party (including House and Senate congressional campaign committees of such party) and the political committees of a State committee of a political party ... for the purpose of making contributions to, or expenditures on behalf of, any candidate for Federal office.” H. R. 11315, 95th Cong., 2d Sess. (1978). The House rejected a rule for consideration of the bill, 124 Cong. Rec. 7872-7880 (1978). The basis for the rejection may be seen in various comments attacking the bill. Representative Stockman saw the proposed amendment as a “fundamental assault on . . . the continued meaningful role of our political parties.” Id., at 7875. Representative Mikva stated that he “deeply regret[ted] that the committee . . . saw fit to change the party financing.” Id., at 7876.
See First General Counsel’s Report, MUR 780 (Jan. 19, 1978).
This section provides that the limitations on contributions to and by political committees found in §§ 441a(a)(l) and (2) “do not apply to transfers between and among political committees which are national, State, district, or local committees (including any subordinate committee thereof) of the same political party.”
See First General Counsel’s Report, MUR 820 (June 19, 1978).
See 11 CFR § 110.7 (1981), supra n. 6.
See First General Counsel’s Report, MUR 1234 (July 11, 1980).
The assertion by the Court of Appeals that the Commission has disavowed the relevance of 11 CFR § 110.7 (1981) in its brief before that court, 212 U. S. App. D. C. 374, 378, 660 F. 2d 773, 777, is belied by its incorporation in the Commission’s brief before this Court. See Brief for Petitioner in No. 939, p. 35.
Nor does the fact that the Commission, following its customary prac-[*39]tiee, did not expressly adopt the General Counsel’s report in announcing its decision “depriv[e] a reviewing court of any Commission record on which to base a deferential consideration.” 212 U. S. App. D. C., at 378, n. 3, 660 F. 2d, at 777, n. 3. The Court of Appeals previously has held that the General Counsel’s report to the Commission is sufficient to support the Commission’s dismissal of a complaint. See Hampton v. Federal Election Comm’n, 2 Fed. Elec. Camp. Fin. Guide (CCH) ¶ 9036, pp. 50,439-50,440 (DC 1977), aff’d No. 77-1546 (CADC July 21, 1978). In this case, the General Counsel’s report was made public simultaneously with the Commission’s ruling. It was the third occasion on which the Commission followed the General Counsel’s advice in this matter. Even without an express statement, it is sufficiently clear that the staff report provides the basis for the Commission’s action.
Section 441a(a)(4) applies to “political committees which are national, state, district or local committees (including any subordinate committee thereof) of the same political party.” The DSCC does not challenge the applicability of the transfer provision to national senatorial committees. At one point, the Court of Appeals refused to address the issue for that reason. See 212 U. S. App. D. C., at 382, 660 F. 2d, at 781 (the “issue was not joined before this court”). At another point, however, the court expressed “some doubt” whether §441a(a)(4) encompasses congressional committees. Surely that doubt must be minimal in light of the broad scope of the statutory language, the fact that senatorial campaign committees are identifiable as part of their respective party. See Cong. Rec. 9552 (1974) (remarks of Sen. Baker), and the Congress’ clear intent to include such committees within the scope of §§ 441a(a)(l)-(2), to which §441a(a)(4) serves as an exception. See H. R. Conf. Rep. No. 94-1057, p. 58 (1976) (“the term ‘political committee established or maintained by a national political party’ includes the Senate and House Campaign Committees”). A committee “established or maintained” by a national party would appear to fall squarely within the reach of §441a(a)(4). Indeed, if congressional campaign committees were not considered as part of the national party, their ability to make independent expenditures would seem to escape any limitation prescribed by the Act. See n. 1, supra.
See S. Rep. No. 93-689, p. 7 (1974), reprinted in Legislative History of the Federal Election Campaign Act Amendments of 1974, p. 103 (1977).
It should be remembered that the section was considered at a time when Congress contemplated total public funding of general election campaigns for federal office. See § 101, S. 3044, 93d Cong., 2d Sess., 71-78 (1974). In that context, statements in Congress about the need to preserve the role of party committees, see, e. g., 120 Cong. Rec. 34372 (1974) (remarks of Sen. Cannon); id., at 35136 (remarks of Rep. Frenzel), are properly read as expressing concern over the function of political parties under public campaign finance rather than concern with the role of state committees vis-á-vis party committees at the national level. Thus, by allowing for the pooling of campaign funds, agency agreements increase party resources “to conduct party-wide election efforts.” S. Rep. No. 93-689, supra, at 8, reprinted in Legislative History of the Federal Election Campaign Act Amendments of 1974, supra, at 104.
Concurrence
concurring.
The issue presented in this case is whether the National Republican Senatorial Committee (NRSC) violated the Federal Election Campaign Act, 2 U. S. C. §441 et seq. (1976 ed. and Supp. IV), by making expenditures that state political committees are authorized to make under §441a(d)(l). Section 441a(d)(l) authorizes “the national committee of a political party and a State committee of a political party, including any subordinate committee of a State committee,” to make certain expenditures in connection with a candidate’s general election campaign, subject to defined limitations. See §441a(d)(3). Since the NRSC clearly is not “the national committee of a political party,”[1] or “a State committee of a political party, including any subordinate committee of a State committee,”[2] it is clear that nothing in § 441a(d)(3) limits the permissible expenditure of funds by the NRSC.
The NRSC is, however, a “political committee” as that term is defined in the statute.[3] Section 441a(a)(2)(A) pro[*44]vides that no multicandidate political committee may make contributions to a candidate that exceed $5,000.[4] Section 441a(h) provides, however, that “amounts totaling not more than $17,500 may be contributed to a candidate for nomination for election, or for election, to the United States Senate during the year in which an election is held in which he is such a candidate, by the Republican or Democratic Senatorial Campaign Committee . . . No section of the statute directly limits expenditures by the Republican or Democratic Senatorial Campaign Committees.[5] However, §441a(a)(7) (B)(i) provides that “expenditures made by any person in cooperation, consultation, or concert, with, or at the request or suggestion of, a candidate, his authorized political committees, or their agents, shall be considered to be a contribution to such candidate.”
Thus, the only way that the NRSC could be said to have violated the statute in this case is if it made expenditures “in cooperation, consultation, or concert” with a candidate that exceeded $17,500. The record discloses that the NRSC in several instances made expenditures that exceeded $17,500. As I understand the record, however, it does not demonstrate that these expenditures were made in cooperation, consultation, or concert with the candidates. The record simply is silent on this point.
The only way that the NRSC could be said to have violated the statute, therefore, is if, as a matter of law, it is incapable of making expenditures that are not made in cooperation,[*45] consultation, or concert with a candidate. In other words, the NRSC could not be said to have violated the statute unless the NRSC is deemed as a matter of law to be an agent of the candidate on whose behalf it expends funds. If this is the case, however, it would appear to me to follow almost automatically that the NRSC may act as an agent for the state committees in spending the amounts that state committees are authorized to spend by § 441a(d), since state committees are largely controlled by the state candidates that they serve. It would seem incongruous to hold that the NRSC must be treated as an agent of a candidate when it makes expenditures, but may not act as a lawful agent of that candidate’s state committee.
I concur fully in the conclusion of the Court that the agency relationship utilized in this case does not violate the Act, and I join its opinion subject only to the caveat that I am not entirely sure that the expenditures at issue in this case “otherwise would be impermissible,” ante, at 28, and n. 1. I assume, arguendo, that this is so, for otherwise petitioners would bear absolutely no burden to justify the expenditures made in this case.[6]
Section 431(14) defines the term “national committee” as “the organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political party at the national level, as determined by the Commission.” 2 U. S. C. §431(14) (1976 ed., Supp. IV).
Section 431(15) defines the term “State committee” as “the organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political party at the State level, as determined by the Commission.” 2 U. S. C. §431(15) (1976 ed., Supp. IV).
Section 431(4) defines the term “political committee” as-—
“(A) any committee, club, association, or other group of persons which receives contributions aggregating in excess of $1,000 during a calendar year or which makes expenditures aggregating in excess of $1,000 during a calendar year . . . .” 2 U. S. C. §431(4) (1976 ed., Supp. IV).
Section 441a(a)(2)(A) provides:
“No multicandidate political committee shall make contributions—
“(A) to any candidate and his authorized political committees with respect to any election for Federal office which, in the aggregate, exceed $5,000.” 2 U. S. C. § 441a(a)(2)(A).
The Act carefully distinguishes between “contributions” and “expenditures.” See §431(8) (defining the term “contribution”); §431(9) (defining the term “expenditure”).
Moreover, this case would have been much easier for me to decide if the parties had begun their presentations with an appropriate explanation of the relevant provisions of the statute instead of an unstated assumption that is not entirely obvious.