Senate Holds Are Not Secret

Tommy Tuberville’s, R-Ala., effort to stop Senate action on all Department of Defense nominations has entered its sixth month. Tuberville wants the department to change its abortion policy. And he is using a so-called “blanket hold” to make it happen.

A hold is an informal practice in which a senator indicates that they intend to object to another senator's unanimous consent request to waive the Senate rules to approve a bill, nomination, or motion. A blanket hold is when a senator indicates they intend to object to multiple unanimous consent requests for an entire category of bills or nominations (e.g., Tuberville’s effort to stop action on all Department of Defense nominations).

Holds Are Routine

Tuberville's gambit is not unusual. Senators Democrats and Republicans alike – routinely hold things to get leverage in negotiations over other things. For example, Richard Shelby, R-Ala., placed a hold on all executive branch nominations in 2010 to pressure the Defense Department to change its bidding process for a new air-to-air refueling tanker. And Larry Craig, R-Idaho, placed a hold on all Air Force nominations in 2003 to persuade the Defense Department to station four C-130 cargo planes in his state. Harry Reid, D-Nev., placed a hold on all on-military and non-judicial nominations in 2004 to pressure the Senate to approve the nomination of one of his staffers to serve on the Nuclear Regulatory Commission.

Holds Are Not Secret

A common misconception regarding Senate holds is that they are secret. Holds have never been secret, per se. One reason is that senators can't use a hold as leverage in negotiations if no one knows about it.

Another reason relates to how the hold process operates in practice. A senator holds something by telling another senator (i.e., their party leader) they will object to a unanimous consent request to approve it. The Democratic and Republican leaders keep records of all holds and often object to unanimous consent requests on behalf of other senators

After a senator places a hold on something, their party's floor staff typically waits a few days before revealing their identity when other senators and outside stakeholders ask them. But the floor staff may not wait a few days if the senator is holding a party priority or something of interest to the party leader. Informing sponsors and outside supporters of a senator's identity may facilitate negotiations that lead to that senator lifting their hold. It can also pressure the senator to lift their hold without having to make concessions in negotiations.

The Senate changed how the hold process works in 2007 and 2011. It passed the Honest Leadership and Open Government Act (Public Law 110-81) in 2007. Section 512 of that law requires senators to insert a "notice of intent to object" into the Congressional Record within six session days of another senator objecting to something on their behalf.

In 2011, the Senate approved a standing order (S. Res. 28) that shortened that period to two session days. The Senate also changed the triggering event requiring senators to act. Under the 2007 rule, the six-session-day clock began when a senator objected on another senator's behalf. The 2011 rule required senators to insert a “notice of intent to object” into the Congressional Record within two session days of informing their party leader that they will object to a unanimous consent request to approve something (i.e., placing a hold on something).

The Takeaway 

 Senate holds are a bipartisan phenomenon. And they are not secret. This is because senators often use holds to facilitate negotiations with the administration or other senators. It is also because senators can’t place a hold on something without telling someone – their party leader - about it. And party leaders have incentives to reveal the identity of senators who are holding bills, nominations, or motions.