Ending Secret Holds

Date: Nov. 20, 2003
Location: Washington, DC

ENDING SECRET HOLDS

Mr. GRASSLEY. Mr. President, I rise in support of the resolution to end secret holds in the Senate. Senator Wyden and I have worked long and hard on this issue and it is time for the Senate to act decisively to reject the practice of placing anonymous holds.

A hold, which allows a single Senator to prevent a bill or nomination from coming to the floor, is a very powerful tool. Holds are a function of the rules and traditions of the Senate and they can be used for legitimate purposes. However, I believe in the principle of open government. Lack of transparency in the public policy process leads to cynicism and distrust of public officials. I would maintain that the use of secret holds damages public confidence in the institution of the Senate.

Our resolution would establish a standing order for the remainder of this Congress that holds must be disclosed publicly. For my colleagues who might be apprehensive of this change in doing business, I would point out that this measure would only be in effect for the current Congress and would not formally amend the Senate rules. Nevertheless, a standing order has essentially the same force and effect in practice as a Senate rule. I have no doubt that, once instituted, this reform will be found to be sound and no reason will be found why it shouldn't be renewed in subsequent Congresses.

For several years now, I have made it my practice to publicly disclose any hold I place in the Congressional Record, along with a short explanation. It's quick, easy and painless, I assure my colleagues. Our proposed standing order would provide for a simple form to fill out, like adding a cosponsor to a bill. The hold will then be published in the Congressional Record and the Senate calendar. It is as simple as that.

I am very pleased to have the support of Chairman Lott and Senator Byrd on this initiative to require public disclosure of holds. Earlier this year, Chairman Lott held a hearing in the Rules Committee on the Grassley-Wyden resolution to require disclosure of holds. Since that time, my staff has worked together with staff members for Senators WYDEN, LOTT, and BYRD to come up with what I think is a very well thought out proposal to require public disclosure of holds on legislation or nominations in the Senate. I think it says a lot that this proposal was written with the help and support of Senator Lott and Senator Byrd. As the chairman of the Rules Committee and a former majority leader, Senator Lott brings valuable perspective and experience. It is also a great honor to be able to work on this issue with Senator Byrd, who is also a former majority leader and an expert on Senate rules and procedure.

I am disappointed that we cannot move forward with this resolution now, but I would urge my colleagues to join the growing coalition of Senators who are working to shed some sunlight on some of the most shadowy parts of this body so that we can ensure open and honest debate on the issues before the American people. I believe that the more we talk about secret holds, the more the consensus grows that this is an issue that must ultimately be addressed by the full Senate. You can be assured that we will keep pushing forward until that happens.

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