The bi-partisan amendment was incorporated by the floor leader into the Defense Department authorization bill that is likely to be completed by the Senate tonight.
The Grassley/Wyden amendment would require individual senators to disclose publicly when a hold is place on a motion or matter before the Senate. Today, an informal Senate tradition is practiced whereby individual senators can place a hold on any bill or nomination. The name of the senator who has objected is kept confidential by the floor leader of the senator's political party.
According to analysis by the Bureau of National Affairs, the holds system is more complicated than commonly thought. Hold procedures differ on the Republican and Democratic sides of the aisle. Informal rules govern placing, discovering and removing holds. There are variations in the kinds of holds. Varying views exist about whether holds can be anonymous. And even the administration uses holds placed through senators.
Grassley said his aim is not to eliminate the use of holds because "they can be very useful in resolving problems or addressing concerns of individual senators or group of senators with a bill that's moving to the floor. They really can smooth the flow of Senate business."
Grassley said the problem is that senators are not required to be up-front about their objections, so holds can be misused to stall Senate consideration of a certain proposal indefinitely. "My goal is to let the sun shine in: Place a hold if you've got a problem with a bill. Then, state your concern on the record so that it can be addressed, and the Senate can be more productive," Grassley said.
The Grassley/Wyden amendment would require any senator placing a hold on a pending matter to disclose through the Congressional Record the fact that the hold was placed within two session days.
Grassley and Wyden won Senate approval for their amendment last fall, during Senate consideration of the appropriations bill for the District of Columbia. However, the no-secret-holds measure was dropped from the spending bill during conference committee consideration.
Grassley said the legislative branch of government is the people's branch of government, "and the people's business should be done in the light of day." He said his initiative with Wyden is based on the principle articulated by Supreme Court Justice Louise Brandeis, that "sunlight is said to be the best of disinfectants; electric light is the most efficient policeman."