[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 112th Congress]
[112nd Congress]
[House Document 111-157]
[Legislate Procedures Enacted in Law]
[Pages 1238-1242]
[From the U.S. Government Printing Office, www.gpo.gov]
25. Defense Base Closure and Realignment
a. defense base closure and realignment act of 1990, Sec. Sec. 2903,
2904, 2908
[10 U.S.C. 2687 note]
closure and realignment of military installations, Sec. 2904
Sec. 2904. * * * (b) congressional disapproval.--(1) The Secretary may
not carry out any closure or realignment recommended by the Commission
in a report transmitted from the President pursuant to section 2903(e)
if a joint resolution is enacted, in accordance with the provisions of
section 2908, disapproving such recommendations of the Commission before
the earlier of--
(A) the end of the 45-day period beginning on the date on
which the President transmits such report; or
(B) the adjournment of Congress sine die for the session
[[Page 1239]]
during which such report is transmitted.
(2) For purposes of paragraph (1) of this subsection and subsections
(a) and (c) of section 2908, the days on which either House of Congress
is not in session because of an adjournment of more than three days to a
day certain shall be excluded in the computation of a period.
* * *
congressional consideration of commission report, Sec. 2908
Sec. 2908. (a) terms of the resolution.--For purposes of section
2904(b), the term ``joint resolution'' means only a joint resolution
which is introduced within the 10-day period beginning on the date on
which the President transmits the report to the Congress under section
2903(e), and--
(1) which does not have a preamble;
(2) the matter after the resolving clause of which is as
follows: ``That Congress disapproves the recommendations of the
Defense Base Closure and Realignment Commission as submitted by
the President on ___'', the blank space being filled in with the
appropriate date; and
(3) the title of which is as follows: ``Joint resolution
disapproving the recommendations of the Defense Base Closure and
Realignment Commission.''.
(b) referral.--A resolution described in subsection (a) that is
introduced in the House of Representatives shall be referred to the
Committee on Armed Services of the House of Representatives. A
resolution described in subsection (a) introduced in the Senate shall be
referred to the Committee on Armed Services of the Senate.
(c) discharge.--If the committee to which a resolution described in
subsection (a) is referred has not reported such resolution (or an
identical resolution) by the end of the 20-day period beginning on the
date on which the President transmits the report to the Congress under
section 2903(e), such committee shall be, at the end of such period,
discharged from further consideration of such resolution, and such
resolution shall be placed on the appropriate calendar of the House
involved.
[[Page 1240]]
a resolution, it is in order (even though a previous
motion to the same effect has been disagreed to) for any Member of the
respective House to move to proceed to the consideration of the
resolution. A Member may make the motion only on the day after the
calendar day on which the Member announces to the House concerned the
Member's intention to make the motion, except that, in the case of the
House of Representatives, the motion may be made without such prior
announcement if the motion is made by direction of the committee to
which the resolution was referred. All points of order against the
resolution (and against consideration of the resolution) are waived. The
motion is highly privileged in the House of Representatives and is
privileged in the Senate and is not debatable. The motion is not subject
to amendment, or to a motion to postpone, or to a motion to proceed to
the consideration of other business. A motion to reconsider the vote by
which the motion is agreed to or disagreed to shall not be in order. If
a motion to proceed to the consideration of the resolution is agreed to,
the respective House shall immediately proceed to consideration of the
joint resolution without intervening motion, order, or other business,
and the resolution shall remain the unfinished business of the
respective House until disposed of.
(d) consideration.--(1) On or after the third day after the date on
which the committee to which such a resolution is referred has reported,
or has been discharged (under subsection (c)) from further consideration
of, such
(2) Debate on the resolution, and on all debatable motions and appeals
in connection therewith, shall be limited to not more than 2 hours,
which shall be divided equally between those favoring and those opposing
the resolution. An amendment to the resolution is not in order. A motion
further to limit debate is in order and not debatable. A motion to
postpone, or a motion to proceed to the consideration of other business,
or a motion to recommit the resolution is not in order. A motion to
reconsider the vote by which the resolution is agreed to or disagreed to
is not in order.
(3) Immediately following the conclusion of the debate on a resolution
described in subsection (a) and a single quorum call at the conclusion
of the debate if requested in accordance with the rules of the
appropriate House, the vote on final passage of the resolution shall
occur.
[[Page 1241]]
(4) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate or the House of Representatives,
as the case may be, to the procedure relating to a resolution described
in subsection (a) shall be decided without debate.
(e) consideration by other house.--(1) If, before the passage by one
House of a resolution of that House described in subsection (a), that
House receives from the other House a resolution described in subsection
(a), then the following procedures shall apply:
(A) The resolution of the other House shall not be referred to
a committee and may not be considered in the House receiving it
except in the case of final passage as provided in subparagraph
(B)(ii).
(B) With respect to a resolution described in subsection (a)
of the House receiving the resolution--
(i) the procedure in that House shall be the same as
if no resolution had been received from the other House;
but
(ii) the vote on final passage shall be on the
resolution of the other House.
(2) Upon disposition of the resolution received from the other House,
it shall no longer be in order to consider the resolution that
originated in the receiving House.
(f) rules of the senate and house.--This section is enacted by
Congress--
(1) as an exercise of the rulemaking power of the Senate and
House of Representatives, respectively, and as such it is deemed
a part of the rules of each House, respectively, but applicable
only with respect to the procedure to be followed in that House
in the case of a resolution described in subsection (a), and it
supersedes other rules only to the extent that it is
inconsistent with such rules; and
(2) 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.
* * *
[[Page 1242]]
The House by special rule restricted the
availability of the motion to proceed to consider a joint resolution
pursuant to this section (Sept. 29, 2005, p. 21786). Because the
Commission has not submitted a report pursuant to the statute since
2005, these procedures have been truncated in this compilation.
The House has considered joint resolutions pursuant to this section in
the full House by special rule (July 30, 1991, p. 20315) and by
unanimous consent (Sept. 8, 1995, p. 24129), and in the Committee of the
Whole by motion (Oct. 27, 2005, p. 23979), in which case the Committee
rose without motion at the conclusion of debate and the question on
passage was put without intervening motion. Managers in the Committee of
the Whole yielded control of portions of their time by unanimous consent
(Oct. 27, 2005, p. 23979). The manager calling up a joint resolution
pursuant to this section is entitled to close debate thereon (even when
opposed, as in the case of a joint resolution reported adversely) (Oct.
27, 2005, p. 23993).
Sec. 1130(25B)
b. emergency supplemental appropriations and rescissions for the
department of defense to preserve and enhance military readiness act of
1994, Sec. 112
[P.L. 104-6; 10 U.S.C. 2687 note]]
department of defense--military construction
Sec. 112. None of the funds made available to the Department of
Defense for any fiscal year for military construction or family housing
may be obligated to initiate construction projects upon enactment of
this Act for any project on an installation that--
(1) was included in the closure and realignment
recommendations submitted by the Secretary of Defense to the
Base Closure and Realignment Commission on February 28, 1995,
unless removed by the Base Closure and Realignment Commission,
or
(2) is included in the closure and realignment recommendation
as submitted to Congress in 1995 in accordance with the Defense
Base Closure and Realignment Act of 1990, as amended (Public Law
101-510):
Provided, That the prohibition on obligation of funds for projects
located on an installation cited for realignment are only to be in
effect if the function or activity with which the project is associated
will be transferred from the installation as a result of the
realignment: Provided further, That this provision will remain in effect
unless the Congress enacts a Joint Resolution of Disapproval in
accordance with the Defense Base Closure and Realignment Act of 1990, as
amended (Public Law 101-510).
Sec. 1130(26)