The Grassley-Wyden amendment would amend the Standing Rules of the Senate to require any Senator who objects to a bill or nomination to disclose his or her hold in the Congressional Record within two legislative days.
"The use of secret holds damages public confidence in the institution of the Senate," Grassley said. "We need to do everything we can to let the sun shine into the process of representative government. The way public policy is made should be as transparent as possible. Eliminating the secrecy and anonymity of the holds process is one way to build greater confidence in the way the Senate conducts business."
Holds, while not mentioned in the Senate Rules, are derived from the rules and traditions of the Senate that require unanimous consent agreements to act on bills and nominations. 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. If the matter is brought up despite such an objection, the Senate would be forced to consider the motion to proceed, which is subject to a filibuster. Because this kind of delay would paralyze the working of the Senate, holds are almost always honored as both a practical necessity and a senatorial courtesy.
Grassley said the aim of the resolution he is sponsoring with Sen. Ron Wyden of Oregon is not to eliminate holds, but to require Senators to be up-front about their objections so that concerns can be addressed and measures won't be stalled indefinitely. "If Senators are up-front about their objections, then their concerns can be addressed and the bill can move forward. This would make the Senate more efficient as it goes about the people's business," Grassley said.
Grassley and Wyden have been pushing for an end to secret holds since 1996. Previous Grassley-Wyden amendments have twice passed the Senate, both measures were removed by conference committees.
In February 1999, then-Majority Leader Trent Lott (R-Miss.) and Minority Leader Tom Daschle (D-S.D.) notified all Senators wishing to place a hold that they would be required to notify the sponsor of the legislation and the committee of jurisdiction of their hold. As a practical matter, this directive was not enforced and the use of secret holds has returned to common practice.