A “hold,” according to Senator Charles Grassley, R-Iowa, 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.”
1
A hold is an informal custom of the
Senate, which is neither recognized in the Senate’s formal rules nor in its
precedents.
As former Majority Leader Howard Baker, R-Tenn. (1981-1985), pointed out:
“Senators are aware, of course, that holds on both calendars, the calendar
of general
orders and the calendar of executive business, are matters of courtesy by
the
leadership on both sides of the aisle and are not part of the standing rules
of the
Senate.”
2
In general, Senators place holds on measures or matters by writing a letter
to their party leader requesting a delay in floor consideration of these
propositions.
Holds, according to one account, “can be placed on virtually all matters,
including
nominations.”
3
Although scheduling the Senate’s business is the prime prerogative of the
majority leader, the Democratic and Republican leaders consult constantly
about the
floor agenda. Each notes on his copy of the Senate calendar the names of
party
colleagues who have placed holds on legislation or nominations. The
majority
leader can still act to call up such measures or matters, but he also
recognizes that
holds are linked to the Senate’s tradition of extended debate and reliance
on
unanimous consent agreements. Any Senator whose hold is not honored has an
array
of parliamentary resources that he or she might employ to cause gridlock in
an
institution that is usually workload packed and deadline driven. Top floor
aides to
each Leader assist in keeping track of Democratic or Republican holds.
Information
on who places holds is closely held by the two party leaders and generally
not made
available to the public. This circumstance means that, compared to other
parliamentary features of the Senate, rather little is known about the
chamber’s
system of holds, such as who places them (Senators, of course, may publicly
disclose
that they have holds on measures or matters), how often they are employed,
and
whether the two parties use different hold procedures.
