Mr. President, first, I was fascinated by the comment from the Senator from Connecticut that after a few years some of this stuff will make sense to us. I have only been here 20 years. I am a patient…
Mr. President, first, I was fascinated by the comment from the Senator from Connecticut that after a few years some of this stuff will make sense to us. I have only been here 20 years. I am a patient man; I will wait.
Let me put this in perspective, as far as my interest in this. Back in 1986 I was elected to the House of Representatives. There was a procedure that was used at that time called the discharge procedure whereby a person could discharge a bill out of the committee without having committee action, but it could be blocked by someone and we could not know the name of the person who blocked it.
Consequently, we found ourselves in this situation where there would be legislation that everyone at home is very excited about. We could go home and campaign and say, yes, I am for this. I remember several of the West Texas Democrats wanting to oppose gun control. Yet their caucus wanted them to support gun control. So they would tell the people at home that they were opposing it. Yet they were the very ones who kept it from coming up for a vote.
That is exactly the same thing we are dealing with here. In 1994 we were able to pass that reform. When we came over here in 1994, I was not even aware that you could put a hold on a bill without disclosing who you were or who was putting the hold on. This is a very similar thing. It is transparency, bringing it out in the open.
I agree with my good friend Senator Wyden that if Members want to, they can put a hold on a bill. This does not affect that. Members just have to say who they are.
This morning I had my amendment on the floor and Senator Wyden and Senator Grassley showed me their amendment was essentially the same. I was very happy to fold mine in. I am happy to be part of this.
After a number of years now, this will become a reality. I applaud my fellow cosponsors for the fine work they have done.
Let me review how that means of obfuscation worked--this from the Congressional Record, page H1131, March 10, 1992:
A good example is the method Members from the House of
Representatives used to hide their votes from the people
concerning a balanced budget amendment to our Constitution.
Shortly after it was discovered in a USA Today poll in 1987
that over 80 percent of the people in America want a
balanced-budget amendment to the Constitution, House Joint
Resolution 268 was introduced. House Joint Resolution 268
immediately gained 246 coauthors from over the Nation. I can
just envision, at the town hall meetings back home, a liberal
Democrat standing up and holding House Joint Resolution 268
in his hand saying, ``See here, ladies and gentlemen. This is
my name as cosponsor of House Joint Resolution 268.'' What
the Congressman didn't tell these people is that he has no
intentions of allowing House Joint Resolution 268 to come up
for a vote. How does this Congressman, who is trying to make
the people back home believe that he is supporting a budget-
balancing amendment to the Constitution, keep from having to
vote on it?
It is very simple, the Speaker merely puts it in a
committee and then makes a deal with the committee chairman
not to bring it up for consideration. The only way that it
can be brought up for consideration is for a discharge
petition to be signed by 218 Members of Congress. The
discharge petition is in the Speaker's desk and must be
signed during the course of a legislative day. However, the
names of those individuals who sign a discharge petition are
kept secret and if a Member discloses the names of other
Members who sign the discharge petition, he can be
disciplined to the extent of expulsion from membership of the
House of Representatives. So House Joint Resolution 268 had
240 cosponsors, but only 140 Members were willing to sign the
discharge petition.
Pretty cozy, huh? The Congressman can falsely represent his
position to the people at home and never have to vote on the
issue. I might add that there is a happy ending to that House
Joint Resolution 268 story. Several of us contacted a
national publication. While the publication knew we couldn't
divulge the names of those who signed the discharge petition,
they agreed to print the names of the individuals who
coauthored House Joint Resolution 268, but did not sign the
discharge petition. We found a loophole in the corrupt
institutional system that protects Congressmen from their
electorate and as a result of that, we were able to
immediately force it out onto the floor and we missed passing
a balanced-budget amendment to the Constitution by only seven
votes.
That situation disturbed me so much that in March of 1993 I filed a one-sentence bill on the House floor challenging the secrecy, ``Once a motion to discharge has been filed the Clerk shall make the signatures a matter of public record.''
I had 87 cosponsors, and it passed by a vote of 384 to 40.
In an article about my initiative, Reader's Digest in November of 1994 wrote, ``The success of this legislation is proof that when Congress is required to do the people's business in the open, the people--rather than special interests--win . . . the passage of this one bill is an important first step in the right direction. And it took a little-known Representative form Oklahoma to point the way.''
I ask unanimous consent to have printed in the Record the full text of this article.
The situation is exactly the same here, Mr. President.
In fact, the very stated reason for this whole bill is to require Congress to do the people's business in the open.
A Senator may have a hold on a nomination or a bill or a unanimous consent agreement, and that hold is secret.
It is just as possible for a Senator to keep his constituents and Americans in general in the dark now about their holds as it was for House Members before I successfully led the charge for transparency in discharge petitions.
Indeed the Wall Street Journal was strongly in favor of my House efforts at that time.
Toward that end, I ask unanimous consent to have printed in the Record the Wall Street Journal's six editorials on the issue of discharge motions.
As the Wall Street Journal mentions, neither the Constitution nor the Senate Rules mention holds. We need this legislation to correct the current situation.
One of the many times I personally have run into this problem of holds was in the case of the nomination of Governor Mike Leavitt of Utah to be administrator of the Environmental Protection Agency.
As chairman of the Senate Environment and Public Works Committee I was trying to shepherd the nomination of Governor Leavitt through my committee.
At that time in 2003, Governor Leavitt was being run through unprecedented hoops by the Democrats to obstruct his nomination even though we had an affirmative statement from my Ranking Member Senator Jeffords that he considered Governor Leavitt a friend and admission that he was going to receive the vote of Senator Jeffords.
Pursuant to this situation, Roll Call wrote the following piece that I ask unanimous consent to have printed in the Record.
You can see from roll-call's reporting that no matter what I achieved in my committee, an anonymous hold could always be placed on the President's nomination, and thus a
halt could be brought to operations of the Senate and in turn the administration.
The American people do not want obstruction; they want progress from us.
Obstruction was certainly practiced by Senator Daschle, and the people showed their lack of appreciation at the ballot box.
I ask that Members join me in this effort and do what our constituents want for the sake of transparency and honesty.
We ought to have the courage to stand up for our convictions, not hide in the shadows of darkness and anonymity.