[Congressional Record Volume 148, Number 43 (Wednesday, April 17, 2002)]
[Senate]
[Page S2850]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[[Page S2850]]
                  STATEMENTS ON SUBMITTED RESOLUTIONS

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         SENATE RESOLUTION 244--ELIMINATING SECRET SENATE HOLDS

  Mr. GRASSLEY (for himself and Mr. Wyden) submitted the following 
resolution; which was referred to the Committee on Rules and 
Administration:

                              S. Res. 244

       Resolved,

     SECTION 1. ELIMINATING SECRET SENATE HOLDS.

       Rule VII of the Standing Rules of the Senate is amended by 
     adding at the end the following:
       ``7. A Senator who provides notice to party leadership of 
     his or her intention to object to proceeding to a motion or 
     matter shall disclose the notice of objection (or hold) in 
     the Congressional Record in a section reserved for such 
     notices not later than 2 session days after the date of the 
     notice.''.

  Mr. GRASSLEY. Mr. President, today I am submitting, along with my 
colleague Senator Wyden, a Senate resolution to amend the Senate rules 
to eliminate secret holds.
  I know Senators are familiar with the practice of placing holds on 
matters to come before the Senate.
  Holds derive from the rules and traditions of the Senate.
  In order for the Senate to run smoothly, objections to unanimous 
consent agreements must be avoided.
  Essentially, a hold is a notice by a Senator to his or her party 
leader of an intention to object to bringing a bill or nomination to 
the floor for consideration.
  This effectively prevents the Senate leadership from attempting to 
bring the matter before the Senate.
  A Senator might place a hold on a piece of legislation or a 
nomination because of legitimate concerns about that legislation or 
nomination.
  However, there is no legitimate reason why a Senator placing a hold 
on a matter should remain anonymous.
  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.
  It has been my policy, and the policy of Senator Wyden as well, to 
disclose in the Congressional Record any hold that I place on any 
matter in the Senate along with my reasons for doing so.
  As a practical matter, other Members of the Senate need to be made 
aware of an individual Senator's concerns.
  How else can those concerns be addressed?
  As a matter of principle, the American people need to be made aware 
of any action that prevents a matter from being considered by their 
elected Senators.
  Senator Wyden and I have worked twice to get a similar ban on secret 
holds included in legislation passed by the Senate.
  But, both times it was removed in conference.
  Then, at the beginning of the 106th Congress, Senate Leaders Lott and 
Daschle circulated a letter informing Senators of a new policy 
regarding the use of holds.
  The Lott/Daschle letter stated,

       . . . all members wishing to place a hold on any 
     legislation or executive calendar business shall notify the 
     sponsor of the legislation and the committee of jurisdiction 
     of their concerns.

  This agreement was billed as marking the end of secret holds in the 
Senate and I took the agreement at face value.
  Unfortunately, this policy has not been followed consistently.
  Secret holds have continued to appear in the Senate.
  For example, last November, it became apparent that an anonymous hold 
had been placed on a bill, S. 739, sponsored by Senator Wellstone.
  This bill had been reported by the Committee on Veterans' Affairs.
  However, neither Senator Wellstone nor Senator Rockefeller, as 
chairman of the Committee on Veterans' Affairs, were ever informed as 
to which Senator or Senators had placed the hold.
  The time has come to end this distasteful practice for good.
  This resolution that Senator Wyden and I are submitting would do just 
that.
  It would add a section to the Senate rules requiring that Senators 
make public any hold placed on a matter within two session days of 
notifying his or her party leadership.
  This change will lead to more open dialogue and more constructive 
debate in the Senate.
  Ending secret holds will make the workings of the Senate more 
transparent.
  It will reduce secrecy and public cynicism along with it.
  This reform will improve the institutional reputation of the Senate 
and I would urge my colleagues to support the Grassley-Wyden 
resolution.

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