	Introduction

In the 109th Congress, for the third consecutive Congress, companion bills have beenintroduced ( S. 1155 / H.R. 2470 ) that, if enacted, would establish aCommission on the Accountability and Review of Federal Agencies (CARFA). The commission's recommendations would then be packaged into animplementation bill that would receive expedited congressional consideration, including prohibitionson amendments and restrictions on procedural delays. Nonbinding provisions in the FY2006budget resolution ( H.Con.Res. 95 ) also called for establishing a CARFA-likecommission. Finally, President George W. Bush said in his FY2006 budget submission that hewould put forward, as part of his President's Management Agenda (PMA), legislation authorizinghim to propose "results commissions." These commissions would consider and revise Administrationproposals to restructure and consolidate programs and agencies. Proposalsapproved by such a results commission and the President would be considered by Congress underexpedited procedures. 3276 / S. 1399 ) that substantially incorporated the Administration's draft language thatwould allow the establishment of results commissions. However, the CARFA proposal also has significantdifferences from the BRAC framework, as discussed later in this report. In addition, OMB hastestified to Congress that, if Congress established CARFA, the commission should use the BushAdministration's Program Assessment Rating Tool (PART) to evaluate programs. The report's fourth section then analyzes several issues that may beof interest in the 109th Congress in the event that the CARFA legislation or similar proposals toestablish a review commission are further considered. Nearly identicalprovisions appeared in several budget process reform bills (108th Congress, H.R. Budget Process Reform Bill and Hurricane Cost OffsetBill. These differences relate to:
establishment of commission(s) (e.g., under the results commission proposal,necessity for further congressional action, under expedited procedures, to establish unlimited numberof President's proposed results commissions, while the proposed CARFA Act would, without usingexpedited procedures, establish one commission);
appointment and size of membership (e.g., 7 members appointed by thePresident under the results commissions proposals, versus 12 members appointed by the Presidentor the President and Members of Congress under the House and Senate versions, respectively, of theproposed CARFA Act); 
scope of commission review and recommendations (e.g., possibly narrowerscope under a single results commission, albeit with unlimited ability of President to proposeestablishment, under expedited congressional procedures, of multiple results commissions in manypolicy areas, compared to wider scope under CARFA under a single commission); and
standards and criteria for decision making (e.g., none specified for resultscommissions, in contrast with several criteria under CARFA). The proposed CARFA would be required to:
under the House version, evaluate all executive branch agencies and programs, excluding agencies and programs within the Department of Defense (DOD), entitlement programs,"any agency that solely administers entitlement programs," and perhaps the EOP; (31) and, under the Senateversion, evaluate all executive branch agencies and programs, including the EOP; (32)
determine, according to brief definitions in the legislation, if an agency orprogram is duplicative , wasteful , inefficient , outdated , irrelevant , or failed ;and
submit to the President and Congress, not later than two years after the dateof enactment, a plan with recommendations of how any such agencies and programs should berealigned or eliminated, along with supporting documentation and proposed legislation to implementthe recommendations. Under the House version of the CARFA legislation, a committee would be allowed to report theimplementation bill "without amendment." The commission's scope under this legislation would have been narrower than the CARFA proposal in some respects (e.g., H.R. Expedited Congressional Consideration. Potential Alternatives or Complements to a Commission

A CARFA could provide a mechanism for the President and Congress -- through thePresident's appointees to the commission (under both the House and Senate versions of the CARFAlegsilation), congressional leaders' appointees (under the Senate version), and Congress'sconsideration of the commission recommendations -- to consider "elimination or realignment ofduplicative, wasteful, or outdated functions" in certain programs and agencies.
In the 109th Congress, companion bills have been introduced ( S. 1155 / H.R. 2470 ) that, if enacted, would establish a Commission on the Accountabilityand Review of Federal Agencies (CARFA). Either version of the proposed CARFA Act wouldrequire this 12-member commission to review certain federal agencies and programs to determineif any are duplicative , wasteful , inefficient , outdated , irrelevant , or failed . The House version wouldinclude within the commission's scope only non-defense, non-entitlement agencies and programs inthe executive branch, while the Senate version would include all executive branch agencies andprograms, including the Executive Office of the President. The commission would be required or,in some cases allowed, to recommend that any such programs and agencies be realigned oreliminated. The commission's recommendations would be packaged into an implementation bill thatwould receive expedited congressional consideration. Nearly identical provisions appeared in abudget process reform bill ( H.R. 2290 ) and a bill to offset costs from Hurricane Katrinaand Hurricane Rita ( S. 1928 ). In addition, nonbinding provisions in the FY2006 budgetresolution ( H.Con.Res. 95 ) called for enacting a CARFA-like commission. PresidentGeorge W. Bush said in his FY2006 budget that he would propose, as part of his President'sManagement Agenda (PMA), legislation authorizing him to propose "results commissions," whichwould consider and revise Administration proposals to restructure and consolidate programs andagencies. Proposals approved by such a results commission and the President would be consideredby Congress under expedited procedures. The Administration suggested that the resultscommissions legislation would be similar to the CARFA proposal. Bills have been introduced( H.R. 3276 / S. 1399 ) that largely incorporated the Administration's draftlanguage.
Proponents have argued that, if enacted, a CARFA could evaluate programs and agencies,use a successful model for congressional consideration of commission recommendations, andthereby eliminate or reform wasteful agencies and programs. The Bush Administration has suggestedthat a CARFA should use the Administration's Program Assessment Rating Tool (PART). Criticsmight likely contend that the legislation is too narrowly focused -- looking only at discretionary,non-defense programs (House version); that the commission should be equally balanced alongpartisan lines or less under the President's control; that expedited procedures undermine thedemocratic process; and that the decision making criteria are too subjective. This report summarizesthe legislation's history and provisions, discusses other review commission legislation, and highlightsperspectives about the CARFA proposal from the 108th Congress. Next, the report analyzes issuesthat may be of interest in the 109th Congress in the event that the CARFA legislation or similarproposals to establish a review commission are further considered. Finally, the report discussespotential success factors for commissions and potential alternatives or complements to acommission. A short version of this report is available ( CRS Report RS21980 , ProposedCommission on the Accountability and Review of Federal Agencies (CARFA): A Brief Overview ). This report will be updated as events warrant.