Establishing as a Standing Order of the Senate a Requirement That a Senator Publicly Discloses a Notice of Intent to Object to Proceeding to Any Measu

ESTABLISHING AS A STANDING ORDER OF THE SENATE A REQUIREMENT THAT A SENATOR PUBLICLY DISCLOSES A NOTICE OF INTENT TO OBJECT TO PROCEEDING TO ANY MEASURE OR MATTER

Mr. GRASSLEY. Mr. President, I rise to say just a few words about the Senate Resolution being submitted today by Senator LOTT along with the distinguished Senator from West Virginia, Senator Byrd, myself and Senator WYDEN. This resolution aims to end the practice of secret holds in the Senate; an issue on which Senator WYDEN and I have worked long and hard.

On May 21 of this year, I resubmitted with Senator WYDEN our simple resolution to amend the Senate Rules to require Senators placing a hold to make that hold public in the CONGRESSIONAL RECORD. I was very pleased by the support and encouragement we received from Chairman LOTT, who subsequently held a hearing on our resolution in the Senate Rules Committee. This was a very positive step in bringing this issue to the forefront. In fact, I was gratified by the many positive comments and expressions of interest from members of the Rules Committee in response to the testimony from myself and Senator WYDEN.

Following the hearing, my staff and Senator WYDEN's staff were able to engage in very productive discussions with Chairman LOTT's staff and staff for Ranking Member Dodd and Senator BYRD. The product of those discussions is this resolution and I'm very pleased with the result. This resolution is a little longer and not as simple as our original resolution, but it does precisely what Senator WYDEN and I have been seeking. In some ways it is even better than what we started with.

Unlike our previous resolution, this measure establishes a standing order instead of amending the Senate Rules. Some Senators are understandably nervous about making a permanent change to the Senate Rules. In fact, this order is only written for the remainder of the 108th Congress to allow Senators to see what effect this change has in practice before deciding whether to renew to requirement or make changes. Nevertheless, it's important to point out that a standing order has essentially the same force and effort in practice as a Senate Rule. Also, I'm confident based on my own experience in practicing public disclosure of holds in the CONGRESSIONAL RECORD, that Senators will find public holds don't hurt a bit. Therefore, it's my expectation that this standing order will be renewed in future congresses.

This new standing order would also spell out the exact format and content required when Senators publish notices of holds so there is no ambiguity or room for misunderstanding. Having a standard format will also make it easier in practice for Senators to submit notices of holds for the RECORD. It will be as simple as adding a cosponsor to a bill. Our resolution would also provide for publication in the Senate Calendars of notices of holds on legislation or nominees as well as a standard procedure for removing a Senator's name from the calendar when a hold is released.

One other change we made from our previous resolution was to allow for three session days instead of two after a hold has been placed for the public notice to be included in the RECORD. I want to be clear that I support immediate public disclosure of holds because I believe in the principle of open government and I can find no legitimate reason why a Senator placing a hold should remain anonymous. However, it's necessary to allow for a short window of time to permit Senators and their staff to prepare a notice and submit it for the RECORD. I've found that two session days has been more than adequate for myself and my staff, but not all Senators' offices are the same. Senator BYRD suggested that three session days might be more appropriate and since the practice of disclosing holds will be uncharted territory at first for most Senators, a deadline of three session days to publish holds seems reasonable.

I should add at this time that I'm very honored to have the support of Senator BYRD on this initiative. No one knows Senate procedure better or has more institutional knowledge of the Senate than Senator BYRD. Both he and Senator LOTT have a unique understanding of the problem of secret holds, having both served as Senate Majority Leader. Having Senator BYRD's name on this resolution should send a strong message to the Senate that secret holds are a serious problem that should be dealt with for the good of the Senate as an institution.

I believe that this change will lead to more open dialogue and more constructive debate in the Senate. Moreover, it will make the Senate process more transparent and reduce public cynicism. I look forward to continuing to work with Senator LOTT, Senator BYRD, and the rest of the Rules Committee to move this needed reform through the legislative process.