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 sub-
sequently 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Wasteful Defense 
Spending Reduction Act of 2018’’. 
SEC. 2. DEFICIT REDUCTION. 
Notwithstanding any other provision of law, any 
amounts appropriated for a covered program terminated 
pursuant to this Act that remain after the date of such 
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termination shall be deobligated and rescinded and re-
turned to the general fund of the Treasury for the purpose 
of deficit reduction. 
SEC. 3. THE COMMISSION. 
(a) ESTABLISHMENT.—There is established an inde-
pendent commission to be known as the ‘‘Wasteful De-
fense Spending Reduction Commission’’ (referred to in 
this Act as the ‘‘Commission’’). 
(b) DUTIES.—The Commission shall review covered 
programs of the Department of Defense and make rec-
ommendations for the termination of such programs. 
(c) APPOINTMENT.—(1) The Commission shall be 
composed of 11 members appointed by the President. The 
President shall transmit to the congressional defense com-
mittees the names of the individuals appointed to the 
Commission by not later than January 2, 2019. 
(2) In selecting individuals for appointments to the 
Commission, the President should consult with— 
(A) the Speaker of the House of Representa-
tives concerning the appointment of 2 members; 
(B) the majority leader of the Senate con-
cerning the appointment of 2 members; 
(C) the minority leader of the House of Rep-
resentatives concerning the appointment of 2 mem-
bers; and 
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(D) the minority leader of the Senate con-
cerning the appointment of 2 members. 
(3) Not more than 6 members of the Commission 
may be affiliated with the same political party. 
(4) At the time the President appoints individuals to 
the Commission, the President shall designate one such 
individual who shall serve as Chairperson of the Commis-
sion. 
(d) TERMS.—Each member of the Commission shall 
serve for the life of the Commission. 
(e) MEETINGS.—(1) The Commission shall meet only 
during calendar years 2019 through 2021. 
(2) Each meeting of the Commission, other than 
meetings in which classified information is to be discussed, 
shall be open to the public. 
(f) VACANCIES.—A vacancy in the Commission shall 
be filled in the same manner as the original appointment. 
(g) PAY
AND TRAVEL EXPENSES.—(1)(A) Each 
member, other than the Chairperson, shall be paid at a 
rate equal to the daily equivalent of the minimum annual 
rate of basic pay payable for level IV of the Executive 
Schedule under section 5315 of title 5, United States 
Code, for each day (including travel time) during which 
the member is engaged in the actual performance of duties 
vested in the Commission. 
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(B) The Chairperson shall be paid for each day 
referred to in subparagraph (A) at a rate equal to 
the daily equivalent of the minimum annual rate of 
basic pay payable for level III of the Executive 
Schedule under section 5314 of title 5, United 
States Code. 
(2) Members shall receive travel expenses, including 
per diem in lieu of subsistence, in accordance with sections 
5702 and 5703 of title 5, United States Code. 
(h) DIRECTOR OF STAFF.—(1) The Commission shall 
appoint a Director who has not served on active duty in 
the Armed Forces or as a civilian employee of the Depart-
ment of Defense during the 1-year period preceding the 
date of such appointment. 
(2) The Director shall be paid at the rate of basic 
pay payable for level IV of the Executive Schedule under 
section 5315 of title 5, United States Code. 
(i) STAFF.—(1) Subject to paragraphs (2) and (3), 
the Director, with the approval of the Commission, may 
appoint and fix the pay of additional personnel. 
(2) The Director may make such appointments with-
out regard to the provisions of title 5, United States Code, 
governing appointments in the competitive service, and 
any personnel so appointed may be paid without regard 
to the provisions of chapter 51 and subchapter III of chap-
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ter 53 of that title relating to classification and General 
Schedule pay rates, except that an individual so appointed 
may not receive pay in excess of the annual rate of basic 
pay payable for GS–18 of the General Schedule. 
(3) Not more than one-third of the personnel em-
ployed by or detailed to the Commission may be on detail 
from the Department of Defense. 
(4) Upon request of the Director, the head of any 
Federal Department or Agency may detail any of the per-
sonnel of that Department or Agency to the Commission 
to assist the Commission in carrying out its duties under 
this Act. 
(5) The Comptroller General of the United States 
shall provide assistance, including the detailing of employ-
ees, to the Commission in accordance with an agreement 
entered into with the Commission. 
(j) OTHER AUTHORITY.—(1) The Commission may 
procure by contract, to the extent funds are available, the 
temporary or intermittent services of experts or consult-
ants pursuant to section 3109 of title 5, United States 
Code. 
(2) The Commission may lease space and acquire per-
sonal property to the extent funds are available. 
(k) FUNDING.—There are authorized to be appro-
priated for the Commission such sums as may be nec-
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essary for fiscal years 2019 through 2022. Any amounts 
appropriated under the preceding sentence that remain 
after the date of the termination of the Commission under 
subsection (l) shall be deobligated and rescinded and re-
turned to the general fund of the Treasury for the purpose 
of deficit reduction. 
(l) TERMINATION.—The Commission shall terminate 
on December 31, 2021. 
(m) PROHIBITION AGAINST RESTRICTING COMMU-
NICATIONS.—Section 1034 of title 10, United States 
Code, shall apply with respect to communications with the 
Commission. 
(n) FEDERAL ADVISORY COMMITTEE ACT.—Except 
as otherwise provided in this section, the Federal Advisory 
Committee Act (5 U.S.C. App.) shall apply to the Commis-
sion. 
SEC. 4. REPORT. 
Not later than December 31, 2021, the Commission 
shall submit to the congressional defense committees a re-
port that includes— 
(1) the Commission’s recommendations for the 
termination of covered programs; and 
(2) a schedule for the termination of the cov-
ered programs identified under paragraph (1), set 
forth separately for each such program. 
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