What are pro forma sessions, and why do they matter for the DHS shutdown

Carpe Diem. If you’ve been wondering why all of Washington is talking so much this week about “pro forma” hearings in the House and Senate, here’s your chance to find out why.

Come on now. Tempus leak. There’s no time like the present. I hope that when you finish reading this, you can declare veni, vidi, vici when it comes to your understanding of the pro forma hearings in the House and Senate.

Let’s start with what pro forma means and why it is implemented in Congress.

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In Latin, “proforma” means “a matter of form.” In other words, something seems real but is just for show. For decades, the House and Senate have used the parliamentary trickery of a “pro forma” session to comply with the Constitution’s requirement to meet every three days.

Article I, Section 5 of the Constitution states: “No House during the Session of Congress shall adjourn, without the consent of the other, for more than three days, or at any other place than where the two Houses shall meet.”

That means the House and Senate must meet at three-day intervals — unless both bodies approve the same “adjournment resolution” that allows each other to leave Washington for extended periods of time. In other words, the House of Representatives and the Senate must vote at the same time and agree to exit. If a consensus cannot be reached on the postponement decision, the House of Representatives and the Senate are technically required to “meet” every three days.

The House and Senate often fail to align on a recess because the party opposing the President wants to prevent the President from using his authority to appoint cabinet officials or other individuals through a “recess appointment,” thereby circumventing the Senate confirmation process. This makes it difficult to confirm the postponement decision. But this is another topic.

Let’s go back to the pro forma sessions.

Without a vote to adjourn, the House and Senate come and go every three days. There is (usually) no legislative work involved. These are pro forma sessions. The House and Senate meet “in form.” But don’t achieve anything. There is usually a single legislator; the person who presides. House pro forma hearings usually last two or three minutes. Senate sessions have been further shortened; It usually takes 25 to 35 seconds.

What does a congress meeting consist of? Just a few seconds of session time is sufficient.

A few years ago, senators held an unofficial contest, racing through pro formas to see who could run the floor the fastest. The fastest pro forma session took place in an incredible time of 21 seconds.

Here is the stance of the House of Representatives and the Senate in parliament last week:

The Senate went on recess in the early morning hours of Friday, March 28. Parliament followed suit just before midnight the same night. If there is no postponement decision, both will meet next Tuesday. Therefore, neither the House nor the Senate will need to meet again until Tuesday.

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There is nothing written prohibiting the House or Senate from conducting legislative business during pro forma session. In other words, both bodies need to conduct some legislative business to turn a pro forma session into an actual session. That’s why Tuesday’s pro forma session of the Senate was thought to be ripe for action as the DHS shutdown continues.

Some House Republicans have demanded that the Senate comply with legislation the House passed Friday night: a bill that fully funds the Department of Homeland Security for two months.

The Senate issued the order around 10:33 a.m. Tuesday morning (a few minutes late). Senator John Hoeven (R.N.D.) presided. But 31 seconds later, Hoeven adjourned the Senate without taking any action. Hoeven himself — or any senator — could try to pass the House bill with the core staff. Sen. Chris Coons, D.D.E., was the only other senator in the chamber. Raccoons, or anyone else, could ask for recognition to speak. But none of this happened.

Senate Majority Leader John Thune, R.S.D.; Senate Minority Leader Chuck Schumer, DY; and House Speaker Mike Johnson, R-La. (Alex Wong/Getty Images; Aaron Schwartz/Bloomberg via Getty Images; Chip Somodevilla/Getty Images)

The Senate then adjourned to reconvene for another pro forma session at 7 a.m. Thursday morning (note the three-day break).

Pro forma hearings are traditionally one of the most tedious exercises in Congress. A core team of floor workers is there. Those asked to preside over the sessions include lawmakers who need to be in Washington on holiday for some reason or who do not go home frequently. Depending on which party has the majority, lawmakers from Maryland, Virginia, or West Virginia often preside; because they are nearby. A limited number of reporters surface. They are all thirsty for a quote or a soundbite; because very few MPs are available due to the holiday. The entire venture is started and completed within a few minutes and everyone goes home.

But that wasn’t the case during last Tuesday’s Senate hearing. Everyone wanted to see if Republicans would try to approve the House-passed DHS bill. Or could the House try to align with the Senate and pass the bill? Neither happened. Despite a flood of reporters at the Capitol.

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However, last Thursday morning the drama escalated even more. On Wednesday, House Speaker Mike Johnson (R-La.) backtracked dramatically and signed into law the Senate-passed bill to fund the entire Department of Homeland Security through Oct. 1, except Border Patrol and ICE. Johnson and Senate Majority Leader John Thune (R.S.D.) issued a joint statement endorsing the Senate’s strategy. And so at dawn Thursday, Thune emerged in person to pass the Senate package again.

The presence of the Majority or Minority Leader at the podium during a pro forma session is almost unprecedented. This is a crucial moment when it comes to a pro forma meeting.

A Transportation Security Administration agent watches passengers line up for security screening at LaGuardia Airport in New York City on March 22. (Charly Triballeau/AFP via Getty Images)

This was no ordinary proforma. Although nothing happened Tuesday, none of these hearings were far from the usual pro forma Congress usually sees during recess.

It was assumed the House would comply in a pro forma session late Thursday morning. But there was consternation in the House Republican Conference. How did Johnson suddenly approve the Senate agreement that he had called a “joke” a few days ago? That doesn’t mean Johnson is tied up in multiple knots, weighing down every wing of the GOP Conference.

Therefore, the Parliament did not take any action. That’s why DHS remains closed as the House and Senate expand the scope and potential of four pro forma sessions in recent days.

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It seems like all of these high profile pro forma sessions are just bona fide proforma sessions.

No real predictions Congress has accomplished nothing. Again.