[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5821 Introduced in House (IH)]

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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.

    Be it enacted by the Senate and House of Representatives 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 termination shall be deobligated and 
rescinded and returned to the general fund of the Treasury for the 
purpose of deficit reduction.

SEC. 3. THE COMMISSION.

    (a) Establishment.--There is established an independent commission 
to be known as the ``Wasteful Defense 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 recommendations 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 committees 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 Representatives concerning 
        the appointment of 2 members;
            (B) the majority leader of the Senate concerning the 
        appointment of 2 members;
            (C) the minority leader of the House of Representatives 
        concerning the appointment of 2 members; and
            (D) the minority leader of the Senate concerning 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 Commission.
    (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.
            (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 Department 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 without 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 
chapter 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 employed 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 personnel 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 employees, 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 consultants pursuant to section 3109 of title 5, 
United States Code.
    (2) The Commission may lease space and acquire personal property to 
the extent funds are available.
    (k) Funding.--There are authorized to be appropriated for the 
Commission such sums as may be necessary 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 returned 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 Communications.--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 Commission.

SEC. 4. REPORT.

    Not later than December 31, 2021, the Commission shall submit to 
the congressional defense committees a report that includes--
            (1) the Commission's recommendations for the termination of 
        covered programs; and
            (2) a schedule for the termination of the covered programs 
        identified under paragraph (1), set forth separately for each 
        such program.

SEC. 5. CONGRESSIONAL APPROVAL.

    (a) In General.--The Secretary may not terminate a program 
recommended for termination in the report under section 4 unless a 
joint resolution approving such termination is enacted in accordance 
with subsection (b).
    (b) Joint Resolution of Approval.--
            (1) Notwithstanding any rule of the Senate or the House of 
        Representatives, not later than 90 days after the date on which 
        the Commission submits the report under section 4, each House 
        of Congress shall meet to consider a vote on a joint resolution 
        to approve the recommendations of the Commission included in 
        such report in their entirety.
            (2) For purposes of this subsection, the days on which 
        either House of Congress is not in session because of an 
        adjournment of more than 3 days to a day certain shall be 
        excluded in the computation of a period.
            (3) Paragraphs (1) and (2) are enacted by Congress--
                    (A) as an exercise of the rulemaking power of the 
                Senate and the House of Representatives, respectively, 
                and as such they are deemed a part of the rules of each 
                House, respectively, but applicable only with respect 
                to the procedure to be followed in the House in the 
                case of resolutions described by this subsection; and 
                they supersede other rules only to the extent that they 
                are inconsistent therewith; and
                    (B) with full recognition of the constitutional 
                right of either House to change the rules (so far as 
                relating to the procedure of that House) at any time, 
                in the same manner, and to the same extent as in the 
                case of any other rule of that House.

SEC. 6. IMPLEMENTATION.

    The Secretary of Defense shall carry out the termination of the 
programs approved for termination in a joint resolution under section 5 
in accordance with the schedule for the termination of such programs 
recommended by the Commission under paragraph (2) of section 4.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Covered program.--The term ``covered program'' means 
        any procurement program of the Department of Defense.
            (2) Congressional defense committees.--The term 
        ``congressional defense committees'' has the meaning given that 
        term in section 101(a)(16) of title 10, United States Code.
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