[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)