Nominations, by contrast, will be returned to the President if they remain pending whenever the Senate adjourns sine die or recesses its session for more than 30 days, unless the body otherwise orders. Nowadays, measures are “pocket vetoed” only when unsigned by the President after a final adjournment sine die. Legislation retains its status, and may continue to receive action, until the last session of a Congress adjourns sine die. To avoid the need for a concurrent resolution, a chamber may hold pro forma sessions on such a schedule that no break of three days or more occurs. Such a suspension is called a “recess of the session,” an intrasession recess, or, more formally, an “adjournment for more than three days” within a session. The two houses consent to each other’s sine die adjournment by adopting a concurrent resolution, called an “adjournment resolution.” They use a similar vehicle to allow each other to suspend their daily sessions for three days or more without terminating their annual session. The Constitution provides that neither chamber may adjourn for three days or more without the consent of the other. If the President were to call an additional, “extraordinary” session, it would be procedurally similar to a regular annual session. Until the next annual session convenes, Congress is then in a period of sine die adjournment (or “intersession recess”). An annual session ends with an adjournment sine die. Finally, when a chamber recesses overnight, instead of adjourning, although a new calendar day of session begins when it reconvenes, the same legislative day continues.Ī regular annual session of Congress begins when the two chambers convene in January, pursuant to the Constitution (or to law). Conversely, if a chamber recesses and then reconvenes on the same day, the same day of session and the same legislative day both continue. A session that continues into a second calendar day without adjourning still constitutes only one legislative day, but if a chamber adjourns, then reconvenes later on the same day, the single day of session includes two legislative days. In context of the daily activities of Congress, any calendar day on which a chamber is in session may be called a (calendar) “day of session.” A legislative day, by contrast, continues until the chamber adjourns. A recess, by contrast, does not terminate a session, but only suspends it temporarily. A session begins when the chamber convenes and ends when it adjourns. By calling pro forma sessions, the majority party can prevent the minority party from introducing or voting on legislation, even if the majority party is not actually conducting any business of its own.The House and Senate use the terms session, adjournment, and recess in both informal and more formal ways, but the concepts apply in parallel ways to both the daily and the annual activities of Congress. Pro forma sessions can also be used as a way for the majority party to block legislation that is supported by the minority party. Said Reid: “I am keeping the Senate in pro forma to prevent recess appointments until we get this process on track.” It can also prevent a president from pocket-vetoing a piece of legislation.ĭuring a 2007 recess, for example, Senate Majority Leader, Harry Reid, planned to keep the Senate in pro forma session in order to prevent further controversial appointments made by the Bush Administration. For example, a pro forma session can be called to prevent the president from making recess appointments, as the Constitution requires the Senate to be in session in order to consider such appointments. While pro forma sessions serve a procedural purpose, they can also be used for other purposes. No votes are taken and no legislation is considered during a pro forma session. Pro forma sessions are typically led by the presiding officer of the chamber, and they typically consist of little more than a roll call and the reading of a brief statement. This requirement is set forth in the Constitution, and pro forma sessions are a way for Congress to meet the requirement without actually conducting any business. Pro forma sessions are most commonly used in the United States Congress, where they are typically called to meet the requirement that each chamber must meet at least once every three days. These sessions are often used to fulfill a procedural requirement or to demonstrate that the legislature is still in session, even if no actual work is being done. A pro forma session is a brief meeting of a legislative body, typically lasting only a few minutes, during which no formal business is conducted.
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