    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 113th Congress]
    [113rd Congress]
    [House Document 112-161]
    [Legislate Procedures Enacted in Law]
    [Pages 1248-1252]
    [From the U.S. Government Publishing 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 1249]]

            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 1250]]

    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 1251]]

      (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 1252]]

     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)