A de facto pro forma: Why Washington fixated these sessions as the DHS shutdown dragged on through recess
Carpe diem. If you’ve wondered why all of Washington buzzed so much this week about "pro forma" sessions in the House and Senate, here’s your chance to find out why.
Come on now. Tempus fugit. There’s no time like the present. Hopefully, when you finish reading this, you can declare veni, vidi, vici when it comes to your understanding of pro forma sessions in the House and Senate.
Let’s start with what pro forma means and why it holds application in Congress.
In Latin, "pro forma" refers to "a matter of form." In other words, something appears real, but it’s just perfunctory. For decades, the House and Senate have used the parliamentary artifice of a "pro forma" session to adhere to the Constitutional requirement of meeting every three days.
Article I, Section 5 of the Constitution states that "Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting." That means the House and Senate must convene at three-day intervals — unless both bodies approved the same "adjournment resolution" to allow one another to depart Washington for an extended period of time. In other words, the House and Senate must vote and agree to be out at the same time. And if there’s no consensus on an adjournment resolution, the House and Senate technically must "meet" every three days.
The House and Senate often fail to sync up on an adjournment resolution because the party opposite the President wants to block him from using his power to install cabinet officials or other figures via a "recess appointment" — thus circumnavigating the Senate confirmation process. That makes it challenging to approve an adjournment resolution. But that’s another matter.
Back to pro forma sessions.
Sans an adjournment resolution, the House and Senate simply gavel in and gavel out every three days. There is (usually) no legislative business. These are pro forma sessions. The House and Senate meet "in form." But don’t accomplish anything. There’s often only one lawmaker on hand — the person who presides. House pro forma sessions usually run two or three minutes. Senate sessions are even more abbreviated — usually lasting 25 to 35 seconds.
What constitutes a Congressional meeting? Just those few seconds of session time suffices.
Some years ago, senators actually held an informal competition, racing through pro formas in an attempt to see who could conduct the meeting the fastest. The quickest pro forma session clocked in at a blistering 21 seconds.
Here’s the parliamentary posture of the House and Senate last week:
The Senate adjourned for the day in the wee hours on Friday, March 28. The House followed suit just before midnight the same night. Without an adjournment resolution, both would meet the next Tuesday. Therefore, if the House or Senate wouldn’t have to meet again until Tuesday.
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There’s nothing written prohibiting the House or Senate from conducting legislative business during a pro forma session. In other words, either body just has to conduct some legislative business to convert a pro forma session into a de facto session. So that’s why it was though that the Senate’s pro forma session on Tuesday was ripe for activity as the DHS shutdown continued.
Some House Republicans demanded that the Senate align with what the House passed Friday night: a bill which funded all of the Department of Homeland Security for two months.
The Senate gaveled to order on Tuesday morning around 10:33 am et (a couple of moments late). Sen. John Hoeven, R-N.D., presided. But after 31 seconds, Hoeven adjourned the Senate without any business. Hoeven himself — or any senator — could have tried to pass the House bill with the skeleton crew on hand. Sen. Chris Coons, D-D.E., was the only other senator in the chamber. Coons or anyone else could have sought recognition to speak. But none of that happened.
And then the Senate adjourned, only to meet again Thursday morning (note the three-day interlude) at 7 a.m. for another pro forma session.
Pro forma sessions are customarily one of the most dull exercises in Congress. A skeleton crew of floor staff are there. Those asked to preside over the sessions are lawmakers who need to be in Washington for some reason over a recess or those who don’t go home often. Depending on which party has the majority, lawmakers from Maryland, Virginia or West Virginia frequently preside — simply because they are nearby. A limited number of reporters surface. They’re all thirsty for a quote or soundbite — simply because so few other lawmakers are available thanks to the recess. The whole enterprise starts and wraps up within minutes and everyone goes back home.
But that was not the case with last Tuesday’s Senate session. Everyone wanted to see if Republicans might try to approve the House-passed DHS bill. Or for that matter, if the House may attempt to align with the Senate and pass its bill. Neither happened. Even though a flood of reporters descended on the Capitol.
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But the drama was higher this past Thursday morning. On Wednesday, House Speaker Mike Johnson, R-La., dramatically reversed himself and consented to the Senate-passed bill to fund all the Department of Homeland Security through Oct. 1 — except the Border Patrol and ICE. Johnson and Senate Majority Leader John Thune, R-S.D., published a joint statement endorsing the Senate’s strategy. And so around dawn on Thursday, Thune himself showed up to pass the Senate package again.
The presence of the Majority or Minority Leader on the floor during a pro forma session is nearly unprecedented. It’s a magna momemti when it comes to a pro forma meeting.
This was not an ordinary pro forma. And even though nothing happened on Tuesday, neither of those sessions were far from the customary pro formas Congress usually sees during a recess.
It was presumed that the House would align in its pro forma session later Thursday morning. But consternation gripped the House Republican Conference. How was Johnson suddenly endorsing the Senate deal which he just characterized as a "joke" a few days earlier? That’s to say nothing of Johnson twisting himself in multiple knots and aggravating all wings of the GOP Conference.
So the House took no action. Which is why DHS remains shut down since the House and Senate have magnified the scope and potential for all four pro forma sessions held in recent days.
It turns out that all of these high-profile pro forma sessions were just bona fide pro forma sessions.
Nil actum est. Congress didn’t accomplish anything. Again.