I 

115TH CONGRESS 

2D SESSION H. R. 5821 

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

Department of Defense. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 15, 2018 

Mr. KIND (for himself and Mr. SCHWEIKERT) 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 2018’’. 

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1 termination shall be deobligated and rescinded and re2 turned to the general fund of the Treasury for the purpose 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 2, 2019. 

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 one such 

7 individual who shall serve as Chairperson of the Commis8 sion. 

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

10 serve for the life of the Commission. 

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

12 during calendar years 2019 through 2021. 

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

14 meetings in which classified information is to be discussed, 

15 shall be open to the public. 

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

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

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

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

20 rate equal to the daily equivalent of the minimum annual 

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

22 Schedule under section 5315 of title 5, United States 

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

24 the member is engaged in the actual performance of duties 

25 vested in the Commission. 


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1 (B) The Chairperson shall be paid for each day 

2 referred to in subparagraph (A) at a rate equal to 

3 the daily equivalent of the minimum annual rate of 

4 basic pay payable for level III of the Executive 

5 Schedule under section 5314 of title 5, United 

6 States Code. 

7 (2) Members shall receive travel expenses, including 

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

9 5702 and 5703 of title 5, United States Code. 

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

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

12 the Armed Forces or as a civilian employee of the Depart13 ment of Defense during the 1-year period preceding the 

14 date of such appointment. 

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

16 pay payable for level IV of the Executive Schedule under 

17 section 5315 of title 5, United States Code. 

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

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

20 appoint and fix the pay of additional personnel. 

21 (2) The Director may make such appointments with22 out regard to the provisions of title 5, United States Code, 

23 governing appointments in the competitive service, and 

24 any personnel so appointed may be paid without regard 

25 to the provisions of chapter 51 and subchapter III of chapVerDate Sep 11 2014 02:51 May 31, 2018 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5821.IH H5821

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1 ter 53 of that title relating to classification and General 

2 Schedule pay rates, except that an individual so appointed 

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

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

5 (3) Not more than one-third of the personnel em6 ployed by or detailed to the Commission may be on detail 

7 from the Department of Defense. 

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

9 Federal Department or Agency may detail any of the per10 sonnel of that Department or Agency to the Commission 

11 to assist the Commission in carrying out its duties under 

12 this Act. 

13 (5) The Comptroller General of the United States 

14 shall provide assistance, including the detailing of employ15 ees, to the Commission in accordance with an agreement 

16 entered into with the Commission. 

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

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

19 temporary or intermittent services of experts or consult20 ants pursuant to section 3109 of title 5, United States 

21 Code. 

22 (2) The Commission may lease space and acquire per23 sonal property to the extent funds are available. 

24 (k) FUNDING.—There are authorized to be appro25 priated for the Commission such sums as may be necVerDate Sep 11 2014 02:51 May 31, 2018 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5821.IH H5821

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1 essary for fiscal years 2019 through 2022. Any amounts 

2 appropriated under the preceding sentence that remain 

3 after the date of the termination of the Commission under 

4 subsection (l) shall be deobligated and rescinded and re5 turned to the general fund of the Treasury for the purpose 

6 of deficit reduction. 

7 (l) TERMINATION.—The Commission shall terminate 

8 on December 31, 2021. 

9 (m) PROHIBITION AGAINST RESTRICTING COMMU10 NICATIONS.—Section 1034 of title 10, United States 

11 Code, shall apply with respect to communications with the 

12 Commission. 

13 (n) FEDERAL ADVISORY COMMITTEE ACT.—Except 

14 as otherwise provided in this section, the Federal Advisory 

15 Committee Act (5 U.S.C. App.) shall apply to the Commis16 sion. 

17 SEC. 4. REPORT. 

18 Not later than December 31, 2021, the Commission 

19 shall submit to the congressional defense committees a re20 port that includes— 

21 (1) the Commission’s recommendations for the 

22 termination of covered programs; and 

23 (2) a schedule for the termination of the cov24 ered programs identified under paragraph (1), set 

25 forth separately for each such program. 


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1 SEC. 5. CONGRESSIONAL APPROVAL. 

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

3 a program recommended for termination in the report 

4 under section 4 unless a joint resolution approving such 

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

6 (b) JOINT RESOLUTION OF APPROVAL.— 

7 (1) Notwithstanding any rule of the Senate or 

8 the House of Representatives, not later than 90 days 

9 after the date on which the Commission submits the 

10 report under section 4, each House of Congress shall 

11 meet to consider a vote on a joint resolution to ap12 prove the recommendations of the Commission in13 cluded in such report in their entirety. 

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

15 which either House of Congress is not in session be16 cause of an adjournment of more than 3 days to a 

17 day certain shall be excluded in the computation of 

18 a period. 

19 (3) Paragraphs (1) and (2) are enacted by Con20 gress— 

21 (A) as an exercise of the rulemaking power 

22 of the Senate and the House of Representa23 tives, respectively, and as such they are deemed 

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

25 but applicable only with respect to the proce26 dure to be followed in the House in the case of 


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1 resolutions described by this subsection; and 

2 they supersede other rules only to the extent 

3 that they are inconsistent therewith; and 

4 (B) with full recognition of the constitu5 tional right of either House to change the rules 

6 (so far as relating to the procedure of that 

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

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

9 rule of that House. 

10 SEC. 6. IMPLEMENTATION. 

11 The Secretary of Defense shall carry out the termi12 nation of the programs approved for termination in a joint 

13 resolution under section 5 in accordance with the schedule 

14 for the termination of such programs recommended by the 

15 Commission under paragraph (2) of section 4. 

16 SEC. 7. DEFINITIONS. 

17 In this Act: 

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

19 program’’ means any procurement program of the 

20 Department of Defense. 

21 (2) CONGRESSIONAL DEFENSE COMMITTEES.— 

22 The term ‘‘congressional defense committees’’ has 

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

24 of title 10, United States Code. 

Æ 


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