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Wyden, Grassley Rule Change Would End "Secret Holds"
Bipartisan Resolution Requires Disclosure in Congressional Record

April 17, 2002

 
     
 


Washington, DC – U.S. Senators Chuck Grassley (R-Iowa) and Ron Wyden (D-Ore.) today introduced a resolution aimed at ending the practice of “secret holds” in the United States Senate. The Grassley-Wyden resolution would require any Senator who notifies his or her leadership of an intent to object to, or place a “hold” on, legislation to disclose that objection in the Congressional Record within two legislative days. The resolution would assure that the power of an individual Senator to stop legislation or a nomination would be accompanied by public accountability.

“I want to make government more open. Lack of transparency in the legislative process fuels cynicism and distrust. Using holds in a secret manner damages public confidence in the institution of the U.S. Senate, and it's time to end the anonymous practice,” Grassley said. “Sen. Wyden and I have practiced the policy of open holds for several years. Stating your objection and making it public in the Record makes it possible for concerns to be addressed and resolved if possible.”

“The hold is an extraordinarily powerful legislative tool, and if it’s continually going to be used to stall and strangle legislation, some accountability must be brought to the procedure and to the American people,” said Wyden. “I have adhered to a strict policy of publicly announcing my intention to hold legislation or nominations, and it has not been a hardship. I’ve found my objections dealt with expeditiously so the Senate can proceed with its business.”

The Grassley-Wyden resolution is a proposed change to the Standing Rules of the Senate, which govern Senate procedure. The resolution now proceeds to the Senate Rules Committee for consideration.

Grassley and Wyden have fought the “secret hold” in a bipartisan manner for six years. In 1997 and again in 1998, the Senate voted unanimously in favor of their amendments to require that a notice of intent to object be published in the Congressional Record within 48 hours. When the amendments failed to survive conferences with the House of Representatives, Wyden and Grassley appealed to Senate leaders Tom Daschle (D-S.D.) and Trent Lott (R-Miss.). In response, Daschle and Lott sent a joint letter to all Senators

setting forth a policy requiring all Senators placing a hold on any legislation or executive calendar business to notify the legislation’s sponsor and the committee of jurisdiction.

The new policy also required written notice to party Leadership and mandated that any hold placed by a Senator’s staff member must be accompanied by a written notification from the objecting Senator. However, “secret holds” and staff-initiated holds eventually came back into practice.

“The secret hold allows too much of this nation’s business to be done in the dark, and it’s time to shine light once and for all on this part of the process,” Wyden said.

"Making Senate holds public will lead to more open dialogue and constructive debate in the Senate. Our reform will improve the reputation of the Senate," Grassley said.



 

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