Senator Ron Wyden

Wyden Statement
on the Wyden-Grassley-Inhofe-Salazar Amendment to End Secret Holds

March 29, 2006

Washington, DC – Unofficial transcript of U.S. Senator Ron Wyden (D-Ore.) statement follows:

MR. WYDEN: MR. PRESIDENT, I'M VERY HOPEFUL THAT SHORTLY THE SENATE WILL BE VOTING ON A MEASURE THAT I THINK WILL TAKE A VERY SIGNIFICANT STEP FORWARD BY BRINGING SUNSHINE AND PUBLIC ACCOUNTABILITY TO THE UNITED STATES SENATE.

IF YOU WALK THE STREETS OF THIS COUNTRY AND ASKED SOMEBODY WHAT A HOLD WAS IN THE UNITED STATES SENATE, I DON'T THINK YOU'D GET ONE OUT OF 100 PEOPLE WHO WOULD HAVE ANY IDEA WHAT YOU'RE TALKING ABOUT. BUT THE FACT OF THE MATTER IS THAT A HOLD HERE IN THE SENATE IS THE ABILITY TO BLOCK A PIECE OF LEGISLATION, BLOCK A NOMINATION, FROM BEING EVEN DISCUSSED ON THE FLOOR OF THIS BODY. AS A RESULT OF A HOLD, THE UNITED STATES SENATE WON'T EVEN GET A PEEK AT A TOPIC THAT MAY INVOLVE MILLIONS OF OUR CITIZENS, BILLIONS OF DOLLARS AND EFFECT THE QUALITY OF LIFE OF CITIZENS IN EVERY CORNER OF THE LAND.

NOW, IT WOULD BE ONE THING IF THE UNITED STATES SENATOR WHO EXERCISES THIS EXTRAORDINARY TOOL, THIS TOOL THAT CARRIES SO MUCH POWER WITH IT, THAT SENATOR WOULD EXERCISE THE TOOL IN PUBLIC AND COULD BE HELD ACCOUNTABLE. BUT UNFORTUNATELY HOLDS ARE NOW PLACED IN SECRET. THEY ARE DONE BEHIND CLOSED DOORS. THE SPONSOR OF A PIECE OF LEGISLATION WON'T EVEN KNOW ABOUT IT AND IT SEEMS TO ME THAT A SENATE THAT IS SERIOUS ABOUT LOBBYING REFORM ABSOLUTELY MUST STOP DOING SO MUCH OF ITS IMPORTANT BUSINESS IN SECRET BEHIND CLOSED DOORS. SO I WILL BE OFFERING LATER IN THE DAY, I HOPE, WITH SENATOR GRASSLEY AND SENATOR INHOFE AND SENATOR SALAZAR, AN AMENDMENT TO BRING A BIT OF SUNSHINE TO THE UNITED STATES SENATE.

IT'S AN AMENDMENT THAT WOULD NOT ABOLISH THE HOLD. A SENATOR'S RIGHTS WOULD BE FULLY PROTECTED. SENATOR COLLINS IS HERE ON THE FLOOR AND AS I RESULT OF THE COLLOQUY WE HAD A COUPLE WEEKS AGO, THIS LEGISLATION PROTECTS THE SENATOR'S RIGHT TO BE CONSULTED ON A PIECE OF LEGISLATION. CERTAINLY THAT'S SOMETHING EVERYONE IN THIS BODY WOULD FEEL IS IMPORTANT. BILLS THAT AFFECT A SENATOR'S STATE OR THAT THEY HAVE A GREAT INTEREST IN, THAT SENATOR WOULD HAVE AN OPPORTUNITY TO STUDY THE LEGISLATION AND REFLECT ON WHAT IT MEANS. BUT WHAT WE SAY IN THIS BIPARTISAN AMENDMENT IS WHEN A SENATOR DIGS IN, WHEN A SENATOR PLANS TO EXERCISE THIS EXTRAORDINARY POWER, THE POWER TO BLOCK A BILL OR NOMINATION FROM EVER BEING HEARD, WE'RE SAYING THAT SENATOR HAS GOT TO BE HELD PUBLICLY ACCOUNTABLE. AND SO WHAT WE WOULD REQUIRE IS THAT A SENATOR WHO EXERCISES A HOLD WHO HAVE TO SO STATE IN THE CONGRESSIONAL RECORD. THEY COULD STILL USE THEIR PROCEDURAL RIGHTS TO MAKE SURE THAT THEY WOULD HAVE A CHANCE TO OPPOSE THE LEGISLATION AND TO OPPOSE IT STRONGLY. BUT THEY WOULD BE IDENTIFIED AS THE PERSON WHO WAS SO OBJECTING.

NOW, THE INTELLIGENCE REAUTHORIZATION BILL, MR. PRESIDENT, IS NOW BEING PREVENTED FROM COMING TO THIS FLOOR AS A RESULT OF A SECRET HOLD. A LOT OF SENATORS GIVE LENGTHY AND ELOQUENT SPEECHES ABOUT FIGHTING TERRORISM BUT NOW A BILL THAT IS VITAL TO NATIONAL SECURITY IS BEING HELD UP IN SECRET. IT'S BEEN HELD UP FOR MONTHS AND MONTHS AS A RESULT OF A SECRET HOLD. THAT OUGHT TO CHANGE. AND IT CERTAINLY OUGHT TO CHANGE IF SENATORS ARE SERIOUS ABOUT LOBBYING REFORM. BECAUSE ONE OF THE BEST WAYS FOR LOBBYISTS TO WORK THEIR WILL IS TO HAVE PROCEDURES THAT HELP THEM BEHIND CLOSED DOORS. THAT'S WHAT THE SECRET HOLD IS ALL ABOUT. IT'S WRITTEN NOWHERE IN THE SENATE RULES BUT IT HAS BECOME ONE OF THE MOST SIGNIFICANT AND POWERFUL TOOLS A SENATOR CAN EXERCISE AND IT'S DONE WITHOUT ANY PUBLIC ACCOUNTABILITY AT ALL.

THERE'S BEEN A BIT OF IRONY IN THE LAST COUPLE OF DAYS ABOUT THIS LEGISLATION, MR. PRESIDENT. I THOUGHT IT WAS GOING TO COME UP ALREADY, GIVEN THE FACT THAT WE HAD COME BACK FROM THE RECESS AND I WAS THE UNDER THE IMPRESSION THAT THIS WOULD BE THE FIRST ORDER OF BUSINESS. WE COULDN'T GET TO THE BIPARTISAN MEASURE TO ABOLISH SECRET HOLDS BECAUSE LOW AND BEHOLD THERE WAS A SECRET HOLD ON AN AMENDMENT TO TRY TO GET THE SENATE DO ITS BUSINESS IN PUBLIC. I THINK THAT PRETTY MUCH SAYS IT ALL. NOT ONLY DO WE HAVE SECRET HOLDS ON NATIONAL SECURITY LEGISLATION, LEGISLATION THAT, WOULD MAKE A REAL DIFFERENCE IN TERMS OF STRIKING A BALANCE BETWEEN FIGHTING TERRORISM FEROCIOUSLY AND PROTECTING CIVIL LIBERTIES. NOT ONLY DO WE HAVE NATIONAL SECURITY LEGISLATION BEING HELD UP, BUT EVEN EFFORTS TO BRING ABOUT BASIC REFORMS LIKE OPENNESS AND SUNSHINE FOR THE SENATE ARE BEING HELD UP AS A RESULT OF THIS SECRET PROCEDURE.

I WANT TO EMPHASIZE WHAT THE CHANGE WILL MEAN FOR THE SENATE. NO LONGER IF THIS CHANGE IS PUT IN PLACE WILL STAFF BE ABLE TO KEEP SECRET FROM MEMBERS AN OBJECTION. NO LONGER WILL LEADERSHIP BE THE ONLY ONES TO KNOW ABOUT AN OBJECTION. NO LONGER WILL IT BE POSSIBLE FOR A SENATOR TO BE KEPT IN THE DARK ABOUT SOMETHING THAT THEY HAVE WORKED ON FOR YEARS AND YEARS. AND THE FACT IS SENATOR GRASSLEY AND I HAVE WORKED ON THIS LEGISLATION FOR A FULL DECADE.

SENATOR LOTT, THE CHAIRMAN OF THE RULES COMMITTEE, HAS BEEN PARTICULARLY HELPFUL IN TERMS OF WORKING WITH US ON THIS
MEASURE. THERE HAVE BEEN HEARINGS ON THIS. SENATOR BYRD, WHO, OF COURSE, KNOWS MORE ABOUT THE SENATE RULES THAN ANYONE IN THE HISTORY OF THIS BODY HAS BEEN VERY HELPFUL IN TERMS OF GIVING US BACKGROUND ABOUT WHAT WE OUGHT TO DO. I BELIEVE THIS AMENDMENT PUTS THE BURDEN ON THE PERSON WHO OUGHT TO BE HELD PUBLICLY ACCOUNTABLE. SQUARELY ON THE SHOULDERS OF AN OBJECTOR, THE PERSON WHO EXERCISES A HOLD WILL BE IDENTIFIED AND COLLEAGUES CAN DISCUSS WITH THAT PERSON HOW TO MOVE FORWARD IN A BIPARTISAN WAY.

NO SENATOR IS GOING TO BE STRIPPED OF THEIR RIGHTS. NO SENATOR IS GOING TO BE KEPT FROM PROTECTING CONSTITUENTS THAT HAVE SERIOUS CONCERNS ABOUT LEGISLATION, BUT WITH THE RIGHT TO STAND UP FOR YOUR VIEWS AND TO OBJECT TO A PIECE OF LEGISLATION, I BELIEVE THERE OUGHT TO BE SOME RESPONSIBILITY. I BELIEVE THERE OUGHT TO BE SOME ACCOUNTABILITY. AND I FIND IT STUNNING THAT THE SENATE WOULD EVEN CONSIDER LOBBYING REFORM WITHOUT AN EFFORT TO DO ITS BUSINESS IN PUBLIC. WE'VE ALREADY SPENT SEVERAL DAYS ON THIS BILL LEGISLATION. HOPEFULLY IT WILL BE COMPLETED SHORTLY BUT IT SEEMS TO ME ONE OF THE MOST OBVIOUS REFORMS THAT SENATORS OUGHT TO BE IN FAVOR OF IF THIS BODY IS SERIOUS ABOUT REFORM IS DOING ITS BUSINESS IN PUBLIC.

NOW, NOWHERE IN THE SENATE RULES DOES IT SAY ANYTHING ABOUT SECRET HOLDS. NOWHERE IS IT WRITTEN DOWN THAT A SENATOR CAN EXERCISE THIS ENORMOUS POWER AND DO IT WITHOUT ANY ACCOUNTABILITY AT ALL. AND SENATOR GRASSLEY AND I BELIEVE IT'S TIME TO BRING SOME SUNSHINE TO THE SENATE AND FOR SENATORS TO DO THE PEOPLES BUSINESS IN PUBLIC. SECRET HOLDS HAVE BEEN THE BANE OF THE UNITED STATES SENATE FOR DECADES. BACK IN THE 101ST CONGRESS, THEN MAJORITY LEADER BOB DOLE SAID, AND I QUOTE "I HAVE NEVER UNDERSTOOD WHY REPUBLICANS PUT A HOLD ON REPUBLICAN NOMINEES. MAYBE I WILL FIGURE IT OUT SOME DAY. I'VE BEEN WORKING ON IT. I HAVEN'T QUITE UNDERSTOOD IT." IN THAT SAME CONGRESS FORMER SENATOR JOHN GLENN SAID AND I QUOTE "ONE HOLD COMES OFF ANOTHER HOLD WOULD BE PUT ON SO THAT NO ONE REALLY HAD TO IDENTIFY THEMSELVES. THE OBJECTING SENATOR WOULD REMAIN ANONYMOUS. SO MUCH FOR SUNSHINE IN THE UNITED STATES SENATE." THE WORDS OF JOHN GLENN, MR. PRESIDENT, ARE WORDS I HOPE SENATORS WILL REMEMBER LATER IN THE DAY WHEN I BELIEVE WE'LL HAVE A CHANCE TO VOTE ON A BIPARTISAN AMENDMENT TO BRING SOME SUNLIGHT TO THE UNITED STATES SENATE AND SOME OPENNESS IN THE WAY THE SENATE CONDUCTS THE PUBLIC'S BUSINESS.

WHEN WE HAVE IMPORTANT NATIONAL SECURITY LEGISLATION HELD HOSTAGE TODAY BY A SECRET HOLD I THINK THAT ALONE SAYS THAT THIS BODY NEEDS TO CHANGE THE WAY IT DOES BUSINESS. IT OUGHT TO DO ITS BUSINESS IN THE OPEN. IT OUGHT TO DO ITS BUSINESS IN A WAY THAT WILL HOLD SENATORS ACCOUNTABLE. AFTER TEN YEARS, SENATOR GRASSLEY AND I HAVE WATCHED THESE SECRET HOLDS BLOCK LEGISLATION, BLOCK NOMINATIONS IN A WAY THAT DOES A DISSERVICE TO ALL THE PEOPLE THAT WE REPRESENT. MR. PRESIDENT, WE'RE GOING TO HAVE A CHANCE TO END THIS. WE'RE GOING TO HAVE A CHANCE TO ENSURE THAT WHILE SENATORS CAN EXERCISE THEIR RIGHTS AND DEBATE TOPICS THAT THEY FEEL STRONGLY ABOUT, THEY CAN ALSO BE HELD PUBLICLY ACCOUNTABLE.

MR. PRESIDENT, I YIELD THE FLOOR AND RESERVE THE BALANCE OF MY TIME. MR. PRESIDENT, I'D NOTE THE ABSENCE OF A QUORUM.

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