I 

114TH CONGRESS 

2D SESSION H. R. 5566 

To establish a process for the termination of certain programs of the 

Department of Defense. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 22, 2016 

Mr. KIND introduced the following bill; which was referred to the Committee 

on Armed Services, and in addition to the Committees on Rules, and Appropriations, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To establish a process for the termination of certain 

programs of the Department of Defense. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Wasteful Defense 

5 Spending Reduction Act of 2016’’. 

6 SEC. 2. DEFICIT REDUCTION. 

7 Notwithstanding any other provision of law, any 

8 amounts appropriated for a covered program terminated 

9 pursuant to this Act that remain after the date of such 


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1 termination shall be deobligated and rescinded and re2 turned to the general fund of the Treasury for the purpose 

3 of deficit reduction. 

4 SEC. 3. THE COMMISSION. 

5 (a) ESTABLISHMENT.—There is established an inde6 pendent commission to be known as the ‘‘Wasteful De7 fense Spending Reduction Commission’’ (referred to in 

8 this Act as the ‘‘Commission’’). 

9 (b) DUTIES.—The Commission shall review covered 

10 programs of the Department of Defense and make rec11 ommendations for the termination of such programs. 

12 (c) APPOINTMENT.—(1) The Commission shall be 

13 composed of 11 members appointed by the President. The 

14 President shall transmit to the congressional defense com15 mittees the names of the individuals appointed to the 

16 Commission by not later than January 3, 2017. 

17 (2) In selecting individuals for appointments to the 

18 Commission, the President should consult with— 

19 (A) the Speaker of the House of Representa20 tives concerning the appointment of 2 members; 

21 (B) the majority leader of the Senate con22 cerning the appointment of 2 members; 

23 (C) the minority leader of the House of Rep24 resentatives concerning the appointment of 2 mem25 bers; and 


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1 (D) the minority leader of the Senate con2 cerning the appointment of 2 members. 

3 (3) Not more than 6 members of the Commission 

4 may be affiliated with the same political party. 

5 (4) At the time the President appoints individuals to 

6 the Commission, the President shall designate 1 such indi7 vidual who shall serve as Chairperson of the Commission. 

8 (d) TERMS.—Each member of the Commission shall 

9 serve for the life of the Commission. 

10 (e) MEETINGS.—(1) The Commission shall meet only 

11 during calendar year 2017. 

12 (2) Each meeting of the Commission, other than 

13 meetings in which classified information is to be discussed, 

14 shall be open to the public. 

15 (f) VACANCIES.—A vacancy in the Commission shall 

16 be filled in the same manner as the original appointment. 

17 (g) PAY AND TRAVEL EXPENSES.—(1)(A) Each 

18 member, other than the Chairperson, shall be paid at a 

19 rate equal to the daily equivalent of the minimum annual 

20 rate of basic pay payable for level IV of the Executive 

21 Schedule under section 5315 of title 5, United States 

22 Code, for each day (including travel time) during which 

23 the member is engaged in the actual performance of duties 

24 vested in the Commission. 


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1 (B) The Chairperson shall be paid for each day re2 ferred to in subparagraph (A) at a rate equal to the daily 

3 equivalent of the minimum annual rate of basic pay pay4 able for level III of the Executive Schedule under section 

5 5314 of title 5, United States Code. 

6 (2) Members shall receive travel expenses, including 

7 per diem in lieu of subsistence, in accordance with sections 

8 5702 and 5703 of title 5, United States Code. 

9 (h) DIRECTOR OF STAFF.—(1) The Commission shall 

10 appoint a Director who has not served on active duty in 

11 the Armed Forces or as a civilian employee of the Depart12 ment of Defense during the 1-year period preceding the 

13 date of such appointment. 

14 (2) The Director shall be paid at the rate of basic 

15 pay payable for level IV of the Executive Schedule under 

16 section 5315 of title 5, United States Code. 

17 (i) STAFF.—(1) Subject to paragraphs (2) and (3), 

18 the Director, with the approval of the Commission, may 

19 appoint and fix the pay of additional personnel. 

20 (2) The Director may make such appointments with21 out regard to the provisions of title 5, United States Code, 

22 governing appointments in the competitive service, and 

23 any personnel so appointed may be paid without regard 

24 to the provisions of chapter 51 and subchapter III of chap25 ter 53 of that title relating to classification and General 


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1 Schedule pay rates, except that an individual so appointed 

2 may not receive pay in excess of the annual rate of basic 

3 pay payable for GS–18 of the General Schedule. 

4 (3) Not more than one-third of the personnel em5 ployed by or detailed to the Commission may be on detail 

6 from the Department of Defense. 

7 (4) Upon request of the Director, the head of any 

8 Federal Department or Agency may detail any of the per9 sonnel of that Department or Agency to the Commission 

10 to assist the Commission in carrying out its duties under 

11 this Act. 

12 (5) The Comptroller General of the United States 

13 shall provide assistance, including the detailing of employ14 ees, to the Commission in accordance with an agreement 

15 entered into with the Commission. 

16 (j) OTHER AUTHORITY.—(1) The Commission may 

17 procure by contract, to the extent funds are available, the 

18 temporary or intermittent services of experts or consult19 ants pursuant to section 3109 of title 5, United States 

20 Code. 

21 (2) The Commission may lease space and acquire per22 sonal property to the extent funds are available. 

23 (k) FUNDING.—There are authorized to be appro24 priated for the Commission such sums as may be nec25 essary for fiscal years 2017 and 2018. Any amounts apVerDate Sep 11 2014 02:48 Jun 25, 2016 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5566.IH H5566

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1 propriated under the preceding sentence that remain after 

2 the date of the termination of the Commission under sub3 section (l) shall be deobligated and rescinded and returned 

4 to the general fund of the Treasury for the purpose of 

5 deficit reduction. 

6 (l) TERMINATION.—The Commission shall terminate 

7 on December 31, 2017. 

8 (m) PROHIBITION AGAINST RESTRICTING COMMU9 NICATIONS.—Section 1034 of title 10, United States 

10 Code, shall apply with respect to communications with the 

11 Commission. 

12 SEC. 4. REPORT. 

13 Not later than December 31, 2017, the Commission 

14 shall submit to the congressional defense committees a re15 port that includes— 

16 (1) the Commission’s recommendations for the 

17 termination of covered programs; and 

18 (2) a schedule for the termination of the cov19 ered programs identified under paragraph (1), set 

20 forth separately for each such program. 

21 SEC. 5. CONGRESSIONAL APPROVAL. 

22 (a) IN GENERAL.—The Secretary may not terminate 

23 a program recommended for termination in the report 

24 under section 4 unless a joint resolution approving such 

25 termination is enacted in accordance with subsection (b). 


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1 (b) JOINT RESOLUTION OF APPROVAL.— 

2 (1) Notwithstanding any rule of the Senate or 

3 the House of Representatives, not later than 90 days 

4 after the date on which the Commission submits the 

5 report under section 4, each House of Congress shall 

6 meet to consider a vote on a joint resolution to ap7 prove the recommendations of the Commission in8 cluded in such report in their entirety. 

9 (2) For purposes of this subsection, the days on 

10 which either House of Congress is not in session be11 cause of an adjournment of more than 3 days to a 

12 day certain shall be excluded in the computation of 

13 a period. 

14 (3) Paragraphs (1) and (2) are enacted by Con15 gress— 

16 (A) as an exercise of the rulemaking power 

17 of the Senate and the House of Representa18 tives, respectively, and as such they are deemed 

19 a part of the rules of each House, respectively, 

20 but applicable only with respect to the proce21 dure to be followed in the House in the case of 

22 resolutions described by this subsection; and 

23 they supersede other rules only to the extent 

24 that they are inconsistent therewith; and 


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1 (B) with full recognition of the constitu2 tional right of either House to change the rules 

3 (so far as relating to the procedure of that 

4 House) at any time, in the same manner, and 

5 to the same extent as in the case of any other 

6 rule of that House. 

7 SEC. 6. IMPLEMENTATION. 

8 The Secretary of Defense shall carry out the termi9 nation of the programs approved for termination in a joint 

10 resolution under section 5 in accordance with the schedule 

11 for the termination of such programs recommended by the 

12 Commission under section (4)(2). 

13 SEC. 7. DEFINITIONS. 

14 In this Act: 

15 (1) COVERED PROGRAM.—The term ‘‘covered 

16 program’’ means any procurement program of the 

17 Department of Defense. 

18 (2) CONGRESSIONAL DEFENSE COMMITTEES.— 

19 The term ‘‘congressional defense committees’’ has 

20 the meaning given that term in section 101(a)(16) 

21 of title 10, United States Code. 

Æ 


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