Availability of Legislative Measures inthe
February 25, 2021
July 22, 2022
in the House of Representatives
Elizabeth Rybicki
(The “72-(The “72 Hour Rule”) Elizabeth Rybicki
Specialist on Congress and the Legislative Process
House rules govern the length of time legislative measures must be available to Members before
House rules govern the length of time legislative measures must be available to Members before
Specialist on Congress and
being considered on the floor. For measures reported from committee, a draft of the committee
being considered on the floor. For measures reported from committee, a draft of the committee
the Legislative Process
report must have been available for 72 hours. Conference reports must also have been available report must have been available for 72 hours. Conference reports must also have been available
for 72 hours and special rules for considering measures for one legislative day. Bills and joint
for 72 hours and special rules for considering measures for one legislative day. Bills and joint
resolutions that have not been reported by committee, and therefore are not accompanied by a resolutions that have not been reported by committee, and therefore are not accompanied by a
written report, may also not be considered on the House floor unless the text of the measure has written report, may also not be considered on the House floor unless the text of the measure has
been available for 72 hours. Proposed committee reports, unreported bills and joint resolutions, conference reports, and joint been available for 72 hours. Proposed committee reports, unreported bills and joint resolutions, conference reports, and joint
explanatory statements are considered available under these rules if they are publicly available in electronic form on a explanatory statements are considered available under these rules if they are publicly available in electronic form on a
website designated by the Committee on House Administration for this purpose, http://docs.house.gov. website designated by the Committee on House Administration for this purpose, http://docs.house.gov.
The House has several means by which it can choose to waive these availability requirements and call up, debate, and vote on
The House has several means by which it can choose to waive these availability requirements and call up, debate, and vote on
a measure in a single calendar day even if the text of the measure was not made available prior to consideration. These a measure in a single calendar day even if the text of the measure was not made available prior to consideration. These
include (1) considering a measure under the suspension of the rules procedure or by unanimous consent, (2) adopting a include (1) considering a measure under the suspension of the rules procedure or by unanimous consent, (2) adopting a
special rule that waives the 72-hour requirement, (3) adopting a special rule that waives the one-day requirement for another special rule that waives the 72-hour requirement, (3) adopting a special rule that waives the one-day requirement for another
special rule, and (4) convening a second legislative day on the same calendar day. Waiving availability requirements allows special rule, and (4) convening a second legislative day on the same calendar day. Waiving availability requirements allows
the House to act quickly when necessary, such as near the end of a session. the House to act quickly when necessary, such as near the end of a session.
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Availability of Legislative Measures inthein the House of Representatives (The “72 -Hour Rule”)
Contents
Availability Requirements in House Rules ...................................................................................... 1
Reported Bil sBills and Resolutions (Rule XIII, Clause 4(a)) .......................................................... 1 1
Unreported Bills and Joint Resolutions (Rule XXI, Clause 11) ................................................ 2
Conference Reports (Rule XXII, Clause 8(a)) .......................................................................... 2
Special Rules (Rule XIII, Clause 6(a)) ...................................................................................... 2 3
Waiving the Availability Requirements in the Rules ....................................................................... 3
Waiving Availability Requirements by Special Rule ................................................................ 3
Creating or Extending a Legislative Day .................................................................................. 4
Special Rules Near the End of a Session ................................................................................... 5
Contacts
Author Information .......................................................................................................................... 6
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Availability of Legislative Measures inthein the House of Representatives (The “72 -Hour Rule”)
Availability Requirements in House Rules
The rules of the House of Representatives The rules of the House of Representatives
general ygenerally grant Members an opportunity to review grant Members an opportunity to review
legislativelegislative
measures by governing the length of time the measures must be made available before measures by governing the length of time the measures must be made available before
being considered on the floor. Different House rules establish availabilitybeing considered on the floor. Different House rules establish availability
requirements for requirements for
reported reported
bil sbills and resolutions, unreported and resolutions, unreported
bil sbills and joint resolutions, conference committee and joint resolutions, conference committee
reports, and special rules (resolutions reported by the Rules Committee intended to regulate floor reports, and special rules (resolutions reported by the Rules Committee intended to regulate floor
consideration of a measure consideration of a measure
or measures named in the resolution).named in the resolution).
Under House rules, draft committee reports and unreported
Under House rules, draft committee reports and unreported
bil sbills and joint resolutions are and joint resolutions are
considered available under these rules if they are “publicly availableconsidered available under these rules if they are “publicly available
in electronic form at in electronic form at
a
location designated by the Committee on House Administrationan electronic document repository operated by the Clerk.”1 Conference committee reports .”1 Conference committee reports
and accompanying joint explanatory statements are also considered available if they are in and accompanying joint explanatory statements are also considered available if they are in
electronic form at electronic form at
such athis location.2 It is not a requirement under the rule that the measures be location.2 It is not a requirement under the rule that the measures be
available available in the designated location. Instead, the House rule is meant to provide an additional in the designated location. Instead, the House rule is meant to provide an additional
means through which Members, congressional staff, and the general public can access these means through which Members, congressional staff, and the general public can access these
documents.3 documents.3
Reported Bills and Resolutions (Rule XIII, Clause 4(a))
Measures and other matters reported by committees may not be considered on the House floor Measures and other matters reported by committees may not be considered on the House floor
until a draft of the committee report on the matter has been available for at least 72 hours.4 until a draft of the committee report on the matter has been available for at least 72 hours.4
Specifical ySpecifically, the “proposed text” of the committee report—except for any supplemental, minority, , the “proposed text” of the committee report—except for any supplemental, minority,
additional, or dissenting views—must be made available. Under House Rule XI, clause 2(l), additional, or dissenting views—must be made available. Under House Rule XI, clause 2(l),
committee members are guaranteed two calendar days to submit supplemental or other views for committee members are guaranteed two calendar days to submit supplemental or other views for
inclusion in a committee report—if notice of inclusion in a committee report—if notice of
an intent to file supplement views was given at the intent to file supplement views was given at the
markup.5 However, the committee majority, before receiving such views, can make a draft of the markup.5 However, the committee majority, before receiving such views, can make a draft of the
committee report available and start the 72-hour clock.6committee report available and start the 72-hour clock.6
1 Clause 3 of Rule XXIX. T he designated website, “Bills to Be Considered on the House Floor,” is available at http://docs.house.gov/.
2 Clause
The House rule exempts several kinds of measures from the 72-hour requirement, including resolutions reported by the Rules Committee.7
1 Clause 3 of Rule XXIX. The designated website, “Bills to Be Considered on the House Floor,” is available at http://docs.house.gov/.
2 Clause 8(a)(1)(A) of Rule XXII. 8(a)(1)(A) of Rule XXII.
3 According to the section-by-section analysis of the rules changes provided by the Rules3 According to the section-by-section analysis of the rules changes provided by the Rules
Committee when it was Committee when it was
proposed in the 112th Congress, “proposed in the 112th Congress, “
the provision is intended to place electronic distribution on par with traditional the provision is intended to place electronic distribution on par with traditional
printing, rather than entirely replace it” (“printing, rather than entirely replace it” (“
Section-by-Section Analysis of the 112th Congress House RulesSection-by-Section Analysis of the 112th Congress House Rules
Package” Package”
Congressional Record, daily edition [January 5, 2011], p. H13). , daily edition [January 5, 2011], p. H13).
4 Until the House changed its rules at the start of the 116th Congress, committee reports, unreported legislation, and
4 Until the House changed its rules at the start of the 116th Congress, committee reports, unreported legislation, and
conference reports were conference reports were
previously required required to be availableto be available
for three days, excludingfor three days, excluding
weekends weekends and holidays unlessand holidays unless
th e House was the House was in sessionin session
on such days. on such days.
T heThe previous three-day requirement was previous three-day requirement was
not necessarily 72 hours. For example, a not necessarily 72 hours. For example, a
matter could matter could
be be taken up on a Wednesday morning having been available since Monday evening. In addition, undertaken up on a Wednesday morning having been available since Monday evening. In addition, under
the new the new rule, time over weekends andrule, time over weekends and
holidays counts toward the 72-hour availability requirement, while under the holidays counts toward the 72-hour availability requirement, while under the
previous rule it previous rule it
did did not (unless the House wasnot (unless the House was
in session in session
on those days). those days).
5 The two-calendar-day period for filing does5 T he two calendar days do not include weekends not include weekends
and and legal holidays unlesslegal holidays unless
the House isthe House is
in session in session
t hosethose days, and days, and
they begin it begins the day after the markup. As a result, it isthe day after the markup. As a result, it is
possible that the 72possible that the 72
-hour availability requirement could be-hour availability requirement could be
met before met before
the time guaranteed for the submission of supplemental the time guaranteed for the submission of supplemental
andor other views expires. other views expires.
6 According to the section-by-section analysis of the rules changes provided by the Rules
6 According to the section-by-section analysis of the rules changes provided by the Rules
Committee when it was Committee when it was
proposed in the 116th Congress, “proposed in the 116th Congress, “
any committee making the report available electronically must also make any such any committee making the report available electronically must also make any such
viewsviews
available electronically promptly after they are submitted to the committee to avoid the possibility that the House available electronically promptly after they are submitted to the committee to avoid the possibility that the House
wouldwould
consider a measure prior to the availability of the complete accompanying report.” consider a measure prior to the availability of the complete accompanying report.”
7 The 72-hour rule also does not apply to (1) a resolution to fund committee operations reported by the Committee on
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Availability of Legislative Measures inthein the House of Representatives (The “72 Hour Rule”)
The House rule exempts several kinds of measures specified in the rule, including resolutions
reported by the Rules Committee.7
-Hour Rule”)
Unreported Bills and Joint Resolutions (Rule XXI, Clause 11)
Bil s Bills and joint resolutions that have not been reported by committee, and therefore are not and joint resolutions that have not been reported by committee, and therefore are not
accompanied by a written report, accompanied by a written report,
may alsoalso may not be considered on the House floor unless the text of not be considered on the House floor unless the text of
the measure has been availablethe measure has been available
for at least 72 hours. The 72-hour period can begin when the text for at least 72 hours. The 72-hour period can begin when the text
is made available, even if that text is in the form of a draft is made available, even if that text is in the form of a draft
bil bill that has not yet been that has not yet been
formal y
formally introduced and numbered. When the House considers the legislation, whatever text was made introduced and numbered. When the House considers the legislation, whatever text was made
availableavailable
must be identical to the legislationmust be identical to the legislation
as introduced for the availabilityas introduced for the availability
requirement to have requirement to have
been met.8 been met.8
If a measure has not been reported by a committee, it is
If a measure has not been reported by a committee, it is
general ygenerally not eligible not eligible
for floor for floor
consideration unless it is consideration unless it is
cal edcalled up under a procedure that waives the requirement that it be up under a procedure that waives the requirement that it be
reported. Such procedures are discussed below in the section on waiving reported. Such procedures are discussed below in the section on waiving
the availability availability
requirements. requirements.
Conference Reports (Rule XXII, Clause 8(a))
The House rule requires that before a conference report can be considered, its text and its The House rule requires that before a conference report can be considered, its text and its
accompanying joint explanatory statement must be available in the accompanying joint explanatory statement must be available in the
Congressional Record for for
at least 72 72
hours. Alternatively, the conference report can be considered if it has been made publicly hours. Alternatively, the conference report can be considered if it has been made publicly
availableavailable
in electronic form at a location designated by the Committee on House Administration in electronic form at a location designated by the Committee on House Administration
(currently http://docs.house.gov/). In addition, copies of a conference report and the joint (currently http://docs.house.gov/). In addition, copies of a conference report and the joint
explanatory statement must be available for at least two hours prior to its consideration. explanatory statement must be available for at least two hours prior to its consideration.
According to the rule, this 72-hour availability
According to the rule, this 72-hour availability
requirement does not apply during the last six days requirement does not apply during the last six days
of a session. In contemporary practice, however, it is difficult to implement this exception to the of a session. In contemporary practice, however, it is difficult to implement this exception to the
rule. Adjournment resolutions are rule. Adjournment resolutions are
usual yusually not approved until very shortly before the adjournment not approved until very shortly before the adjournment
takes place. This practice takes place. This practice
usual yusually makes it impossible to know when the “last six days” of a makes it impossible to know when the “last six days” of a
session begin. Absent a resolution setting a future date for adjournment, the 72-hour rule applies session begin. Absent a resolution setting a future date for adjournment, the 72-hour rule applies
even as the House nears the end of a session. The 72-hour availability requirement for conference even as the House nears the end of a session. The 72-hour availability requirement for conference
reports would cease to apply only in the last six calendar days before the constitutional end of a reports would cease to apply only in the last six calendar days before the constitutional end of a
session on January 3.9 Near the end of a session, however, the House sometimes agrees to special session on January 3.9 Near the end of a session, however, the House sometimes agrees to special
rules reported by the Rules Committee that waive the availabilityrules reported by the Rules Committee that waive the availability
requirement. This is discussed requirement. This is discussed
below in the section on waiving availabilitybelow in the section on waiving availability
requirements.
Special Rules (Rule XIII, Clause 6(a)) The House frequently operates under special rules, or resolutions reported from the Rules Committee, which can waive any or all of the above rules. Special rules are required to lie over for one legislative day, which means the special rule cannot be reported and considered on the same legislative day. A legislative day is not necessarily a calendar day. A legislative day begins
House requirements.
7 T he 72-hour rule also does not apply to (1) a resolution to fund committee operations reported by the Comm ittee on House Administration, (2) a resolution presenting a question of the privileges of the House reported by any committeeAdministration, (2) a resolution presenting a question of the privileges of the House reported by any committee
, ,
(3) a measure declaring(3) a measure declaring
war or a national emergencywar or a national emergency
, or (4) a resolution of disapproval. , or (4) a resolution of disapproval.
8 A rules change in the 117th Congress allowed
8 A rules change in the 117th Congress allowed
the 72-hour availability period to begin when a text was made available the 72-hour availability period to begin when a text was made available
prior to the formal introduction of the bill. prior to the formal introduction of the bill.
T heThe section-by-section analysis of the rules changes provided by the Rules section-by-section analysis of the rules changes provided by the Rules
Committee at the time the change was proposed stated, “Committee at the time the change was proposed stated, “
Although the introduced measure must consist of the exact text Although the introduced measure must consist of the exact text
of the languageof the language
made electronically available prior to introduction in order to qualify undermade electronically available prior to introduction in order to qualify under
this updated rule, changes this updated rule, changes
to a measure’sto a measure’s
text made after introduction by a self-executing special ruletext made after introduction by a self-executing special rule
do not impact this availability period” do not impact this availability period”
((
Congressional Record, daily, daily
edition [January 4, 2021], p. H24). edition [January 4, 2021], p. H24).
9 Charles W. Johnson, John V.9 Charles W. Johnson, John V.
Sullivan,Sullivan,
and T homas and Thomas J. Wickham Jr., J. Wickham Jr.,
House Practice: A Guide to the Rules,
Precedents, and Procedures of the House (Washington: GPO, 2017), p. 366. (Washington: GPO, 2017), p. 366.
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Availability of Legislative Measures inthein the House of Representatives (The “72 -Hour Rule”)
Hour Rule”)
Special Rules (Rule XIII, Clause 6(a))
The House frequently operates under special rules, or resolutions reported from the Rules
Committee, which can waive any or all of the above rules. Special rules are required to lie over for one legislative day, which means the special rule cannot be reported and considered on the same legislative day. A legislative day is not necessarily a calendar day. A legislative day begins the first time the House meets after an adjournment and ends when the House adjourns again. the first time the House meets after an adjournment and ends when the House adjourns again.
Because the House Because the House
typical ytypically adjourns at the end of a calendar day, legislative and calendar days adjourns at the end of a calendar day, legislative and calendar days
usual yusually coincide. coincide.
Rule XIII also provides several exceptions to the layover requirement for special rules. First, a
Rule XIII also provides several exceptions to the layover requirement for special rules. First, a
special rule may be considered the same day it is special rule may be considered the same day it is
formally presented if a draft of the proposed text had been available prior to the convening of that legislative day. A special rule may also be considered the same legislative day it is presented if it proposes only to waive the rules presented if it proposes only to waive the rules
mandating that committee reports and conference reports be available for 72 hours. If the rule mandating that committee reports and conference reports be available for 72 hours. If the rule
also sets the terms for the consideration of the matter, perhaps by waiving points of order, then the also sets the terms for the consideration of the matter, perhaps by waiving points of order, then the
rule is required to lie over for one legislativerule is required to lie over for one legislative
day. day.
Second, a special rule may be considered the same day it is presented to the House in the last
Second, a special rule may be considered the same day it is presented to the House in the last
three days of a session. In modern practice, as mentioned above, the House rarely agrees to an three days of a session. In modern practice, as mentioned above, the House rarely agrees to an
adjournment date far in advance, usually making it impossible to know when “the last three days” adjournment date far in advance, usually making it impossible to know when “the last three days”
begin. begin.
Third, the one-day layover requirement for special rules can be waived if two-thirds of the
Third, the one-day layover requirement for special rules can be waived if two-thirds of the
Members voting agree to the waiver (a quorum being present). In addition, as discussed below, Members voting agree to the waiver (a quorum being present). In addition, as discussed below,
the Rules Committee may report a special rule that waives the one-day layover requirement for the Rules Committee may report a special rule that waives the one-day layover requirement for
subsequent special rules. subsequent special rules.
Waiving the Availability Requirements in the Rules
The House has several means for waiving its rules when it wishes to act expeditiously. For The House has several means for waiving its rules when it wishes to act expeditiously. For
example, the House may set aside any of its availabilityexample, the House may set aside any of its availability
requirements by unanimous consent. It requirements by unanimous consent. It
may also may also
cal call up and agree to a up and agree to a
bil bill or conference report that has not met the availability or conference report that has not met the availability
requirements by a two-thirds vote to suspend the rules.10 As previously mentioned, according to requirements by a two-thirds vote to suspend the rules.10 As previously mentioned, according to
Rule XIII, clause 6(a)(1), the one-day layover requirement for a special rule can be waived Rule XIII, clause 6(a)(1), the one-day layover requirement for a special rule can be waived
by
with support from two-thirds of the Members voting. two-thirds of the Members voting.
The House can also waive the availability
The House can also waive the availability
requirements by a simple majority. If a majority of the requirements by a simple majority. If a majority of the
House desires to do so, the House can vote on a measure the same calendar day that the text was House desires to do so, the House can vote on a measure the same calendar day that the text was
made availablemade available
to Members. The House to Members. The House
usual yusually does this by agreeing to two special rules, as does this by agreeing to two special rules, as
explained below. It may also achieve the same result by convening for two legislative days on the explained below. It may also achieve the same result by convening for two legislative days on the
same calendar day in the manner also described below. same calendar day in the manner also described below.
Waiving Availability Requirements by Special Rule
The Rules Committee may report a special rule that waives the 72-hour availabilityThe Rules Committee may report a special rule that waives the 72-hour availability
requirement requirement
for for
bil sbills, resolutions, or conference reports. A rule , resolutions, or conference reports. A rule
only waiving the availability waiving the availability
requirement can requirement can
be presented and be presented and
cal edcalled up on the same day. Special rules, however, often set the terms for up on the same day. Special rules, however, often set the terms for
considering a measure as considering a measure as
wel well. A special rule for the consideration of a measure might waive the . A special rule for the consideration of a measure might waive the
72-hour availability72-hour availability
requirement but also structure the amending process. Such a rule would be requirement but also structure the amending process. Such a rule would be
required to lierequired to lie
over for one legislative day (unless this requirement was waived by a two-thirds over for one legislative day (unless this requirement was waived by a two-thirds
vote). Similarly, a rule for the consideration of a conference report often waives points of order against the conference report and against its consideration. Under current House rules, that special rule is also required to lie over for one legislative day unless the requirement is waived by
10 For more information on suspension of the rules, see CRS10 For more information on suspension of the rules, see CRS
Report 98-314, Report 98-314,
Suspension of the Rules in the House:
Principal Features, by Elizabeth Rybicki. , by Elizabeth Rybicki.
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Availability of Legislative Measures inthein the House of Representatives (The “72 Hour Rule”)
vote). Similarly, a rule for the consideration of a conference report often waives points of order against the conference report and against its consideration. Under current House rules, that special rule is also required to lie over for one legislative day unless the requirement is waived by -Hour Rule”)
a two-thirds vote. In short, special rules a two-thirds vote. In short, special rules
only waiving the 72-hour availability waiving the 72-hour availability
requirement are not requirement are not
required to lierequired to lie
over for one legislative day. over for one legislative day.
To waive the one-day layover requirement of Rule XIII, clause 6(a), for a special rule, the Rules
To waive the one-day layover requirement of Rule XIII, clause 6(a), for a special rule, the Rules
Committee may report a special rule that waives this requirement. The rule providing this waiver Committee may report a special rule that waives this requirement. The rule providing this waiver
is subject to the same one-day layover requirement. If such a special rule is adopted, the House is subject to the same one-day layover requirement. If such a special rule is adopted, the House
can then consider and adopt a special rule providing for the consideration of a measure later on can then consider and adopt a special rule providing for the consideration of a measure later on
the same legislativethe same legislative
day. The special rule for the consideration of the measure can waive the 72-day. The special rule for the consideration of the measure can waive the 72-
hour availabilityhour availability
requirement for the measure. In this way, the House of Representatives, by requirement for the measure. In this way, the House of Representatives, by
majority vote, has the potential to majority vote, has the potential to
cal call up, debate, and pass a measure in a single day even if the up, debate, and pass a measure in a single day even if the
measure has not been made availablemeasure has not been made available
prior to consideration. In order to achieve this result, prior to consideration. In order to achieve this result,
however, the Rules Committee must have reported the additional special rule on the previous however, the Rules Committee must have reported the additional special rule on the previous
legislative legislative day or made a draft of its proposed text available prior to the convening of the legislative day. day.
In summary, a simple majority of the House can
In summary, a simple majority of the House can
cal call up, debate, and vote on a measure in a single up, debate, and vote on a measure in a single
calendar day, regardless of how long the text has been available, by taking the following steps: calendar day, regardless of how long the text has been available, by taking the following steps:
First, the House agrees to a special rule waiving the one-day layover
requirement for any special rule for the consideration of a specified matter. (This (This
rule is required to lie over for one legislativerule is required to lie over for one legislative
day, except if its proposed text has been made available prior to the start of the legislative day.) day.)
Second, the House agrees to a separate special rule setting the terms of
consideration of the measure and waiving any availability requirements for the
measure itself. (This rule need not lie over for one legislative (This rule need not lie over for one legislative
day. The first day. The first
special rule waived the one-day layover requirement for this special rule.) special rule waived the one-day layover requirement for this special rule.)
Third, the House calls up, debates, and votes on the measure.
Creating or Extending a Legislative Day
Although the House rarely chooses to do so, it could agree to Although the House rarely chooses to do so, it could agree to
cal call up and consider a measure in a up and consider a measure in a
single calendar day by convening two legislative days in a single calendar day.11 It would do this single calendar day by convening two legislative days in a single calendar day.11 It would do this
by agreeing to a motion to adjourn for a brief period at some point during its by agreeing to a motion to adjourn for a brief period at some point during its
daily session. Agreement session. Agreement
to this motion would to this motion would
terminate the legislative end the current legislative day, and when the House returned from its brief day, and when the House returned from its brief
adjournment pursuant to this motion, a new legislative day would begin. adjournment pursuant to this motion, a new legislative day would begin.
If the Rules Committee presents a special rule before the House adjourns, the rule can be
If the Rules Committee presents a special rule before the House adjourns, the rule can be
considered on the next legislative day regardless of how much time has elapsed. In other words, if considered on the next legislative day regardless of how much time has elapsed. In other words, if
a special rule were reported, and the House adjourned and then shortly thereafter reconvened, the a special rule were reported, and the House adjourned and then shortly thereafter reconvened, the
special rule would have been availablespecial rule would have been available
for one legislativefor one legislative
day, meeting the layover requirement of day, meeting the layover requirement of
the standing rule. The House could then consider the special rule that, among other things, could the standing rule. The House could then consider the special rule that, among other things, could
waive the 72-hour availabilitywaive the 72-hour availability
requirement for a requirement for a
resolution, bil bill, resolution, or conference report.12 , or conference report.12
11 Johnson, Sullivan, and11 Johnson, Sullivan, and
Wickham, Wickham,
House Practice, p. 890. , p. 890.
12 For example, in the 114th Congress, a rule, H.Res. 797, for the consideration of a conference report accompanying 12 For example, in the 114th Congress, a rule, H.Res. 797, for the consideration of a conference report accompanying
the Military Construction, Veterans Affairs, and Related Appropriations Act of 2017, was presented and consideredthe Military Construction, Veterans Affairs, and Related Appropriations Act of 2017, was presented and considered
on on
different legislative days but but
the the
sam esame calendar day. .
T heThe Rules Committee presented the special rule, H.Res. 797, for Rules Committee presented the special rule, H.Res. 797, for
the consideration of the conference report, at 1:23 a.m. on the calendar day of June 23, 2016, and the legislative day of the consideration of the conference report, at 1:23 a.m. on the calendar day of June 23, 2016, and the legislative day of
June 22. June 22.
T heThe House had not adjourned on June House had not adjourned on June
22. 22.
T heThe House adjourned House adjourned
at 1:34 a.m. on at 1:34 a.m. on
le gislativelegislative day June day June
22 and 22 and
met again on legislative and calendar day June 23 at 2:30 a.m. met again on legislative and calendar day June 23 at 2:30 a.m.
T heThe House considered House considered
H.Res. 797 at 2:33 a.m on June H.Res. 797 at 2:33 a.m on June
23. (Congressional Record, daily edition, vol. 162 [June 22, 2016], p. 4126, and [June 23, 2016], pp. H4173-H4174.)
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Availability of Legislative Measures inthein the House of Representatives (The “72 -Hour Rule”)
From time to time, the House has also been known to recess after legislative business, but not
From time to time, the House has also been known to recess after legislative business, but not
adjourn, in order to give the Rules Committee time to complete and report a special rule. The rule adjourn, in order to give the Rules Committee time to complete and report a special rule. The rule
could be reported very late or even early in the morning of the next calendar day. Regardless of could be reported very late or even early in the morning of the next calendar day. Regardless of
whether or not it is the next calendar day when the rule is reported, if the House adjourns after it whether or not it is the next calendar day when the rule is reported, if the House adjourns after it
is reported, when it reconvenes it is reported, when it reconvenes it
wil will be a new legislative day, and the layover requirement be a new legislative day, and the layover requirement
wil
will be considered met. be considered met.
Special Rules Near the End of a Session
In the contemporary House, it is not uncommon for the Rules Committee to report several special In the contemporary House, it is not uncommon for the Rules Committee to report several special
rules at the end of a session that waive the availabilityrules at the end of a session that waive the availability
requirements for subsequent special rules requirements for subsequent special rules
for the consideration of certain specified measures. In the past, the House has also agreed to for the consideration of certain specified measures. In the past, the House has also agreed to
resolutions reported by the Rules Committee near the end of a session that waived availability resolutions reported by the Rules Committee near the end of a session that waived availability
requirements in general. requirements in general.
Special rules that waive availability
Special rules that waive availability
requirements are sometimes referred to as “same day rules.” requirements are sometimes referred to as “same day rules.”
They are also sometimes referred to, particularly by their opponents, as “martial law” rules. The They are also sometimes referred to, particularly by their opponents, as “martial law” rules. The
term has been used by Members term has been used by Members
of the House for at least for at least
1530 years, but it has not been applied years, but it has not been applied
consistently to any one type of special rule. It has been used, for example, to describe both special consistently to any one type of special rule. It has been used, for example, to describe both special
rules that waive the one-day layover requirement for subsequent special rules13 and to describe rules that waive the one-day layover requirement for subsequent special rules13 and to describe
broad special rules that trigger some provisions of House rules and waive others for the remaining broad special rules that trigger some provisions of House rules and waive others for the remaining
duration of a session.14 duration of a session.14
Supporters of end-of-session resolutions that waive availability
Supporters of end-of-session resolutions that waive availability
requirements sometimes argue requirements sometimes argue
that these special rules are meant to achieve the same end as the standing rules that make certain that these special rules are meant to achieve the same end as the standing rules that make certain
provisions of House rules inapplicableprovisions of House rules inapplicable
during the final days of the session. As mentioned above, during the final days of the session. As mentioned above,
the 72-hour availabilitythe 72-hour availability
requirement for conference reports does not apply in the last six days of a requirement for conference reports does not apply in the last six days of a
session. The one-day layover requirement for special rules does not apply in the last three days of session. The one-day layover requirement for special rules does not apply in the last three days of
a session. In recent years, Congress has not agreed to a concurrent resolution setting an a session. In recent years, Congress has not agreed to a concurrent resolution setting an
adjournment date until just before adjournment takes place. As a result, these standing rules are adjournment date until just before adjournment takes place. As a result, these standing rules are
not triggered in the contemporary House. By agreeing to a same-day rule near the end of the not triggered in the contemporary House. By agreeing to a same-day rule near the end of the
session, the House can achieve the same end as the existing, but session, the House can achieve the same end as the existing, but
technical ytechnically inapplicable, standing inapplicable, standing
rules that waive availabilityrules that waive availability
requirements at the end of a session. Opponents of these end-of-requirements at the end of a session. Opponents of these end-of-
session resolutions sometimes argue that session resolutions sometimes argue that
al all Representatives should be guaranteed some time to Representatives should be guaranteed some time to
examine legislativeexamine legislative
proposals regardless of when they are presented during the course of a proposals regardless of when they are presented during the course of a
session.
23. (Congressional Record, daily edition, vol. 162 [June 22, 2016], p. 4126, and [June 23, 2016], pp. H4173 -H4174.) See also,session.
See also a rule in the 107th Congress, in the 107th Congress,
a rule, H.Res. 600, for the consideration of a billH.Res. 600, for the consideration of a bill
to establish the Department of to establish the Department of
Homeland Security (Homeland Security (
Congressional Record, daily, daily
edition, vol. 148 [November 13, 2002], pp. H8543, H8590-H8594). edition, vol. 148 [November 13, 2002], pp. H8543, H8590-H8594).
13 See,
13 See,
for example, the for example, the
Congressional Record, daily edition (February 4, 1993), p. H552; (May 25, 1994), p. H4020; , daily edition (February 4, 1993), p. H552; (May 25, 1994), p. H4020;
(July 26, 2002), p. H5957; (May 22, 2003), p. H4559; (December 7, 2004), p. H10993; (December 10, 2008), p. H(July 26, 2002), p. H5957; (May 22, 2003), p. H4559; (December 7, 2004), p. H10993; (December 10, 2008), p. H
10871; (December 9, 2009), p. H14481; (July 21, 2010), p. H5889; (August 1, 2014), p. H7192. 10871; (December 9, 2009), p. H14481; (July 21, 2010), p. H5889; (August 1, 2014), p. H7192.
14 See,14 See,
for example, the for example, the
Congressional Record, daily edition, daily edition
, (November 22, 1991), p. H10945; (October 2, 1992), p. H (November 22, 1991), p. H10945; (October 2, 1992), p. H
10681; (September 24, 1996), p. H10928; (December 7, 2006), p. H8896; (December 21, 2010), p. H881710681; (September 24, 1996), p. H10928; (December 7, 2006), p. H8896; (December 21, 2010), p. H8817
.; (October 4, (October 4,
2013), p. H6246. 2013), p. H6246.
Congressional Research Service
Congressional Research Service
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Availability of Legislative Measures inthein the House of Representatives (The “72 -Hour Rule”)
Author Information
Elizabeth Rybicki Elizabeth Rybicki
Specialist on Congress and the Legislative Process
Specialist on Congress and the Legislative Process
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