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By Melanie Sloan, executive director, Citizens for Responsibility and Ethics in Washington (CREW)

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On Tuesday, The Hill reported Senator Harry Reid (D-Nev.) suggested Republican senators using anonymous holds to block executive branch nominations may find themselves referred to the Senate Ethics Committee. My organization, Citizens for Responsibility and Ethics in Washington (CREW), suggested this very course of action back in December, and we applaud Sen. Reid (pictured) for taking the first steps to enforce provisions that should have ended the opaque and undemocratic procedure of secret holds years ago.

In 2007, the newly elected Democratic majority passed the Honest Leadership and Open Government Act (HLOGA), hailed by its supporters as landmark ethics and transparency legislation. Section 512 of HLOGA sought to force senators to reveal themselves when they were "intending to object to a proceeding" - a parliamentary maneuver more commonly known as a "hold." HLOGA did not end the use of holds, but instead forced senators choosing to block an action to place their objection in the Senate calendar next to their name. Unfortunately, the provision did not create a new Senate rule or standing order of the Senate, or include any enforcement mechanism. Rather, members were simply expected to comply and loopholes remained. As a result, CREW's research showed that the procedure outlined under HLOGA was followed only twice since its creation, while senators of both parties continued to place secret holds.

Given that senators had agreed to the change in passing HLOGA, CREW asked the Senate Ethics Committee to find that senators using the secret hold are violating Senate rules by engaging in "improper conduct which may reflect upon the Senate." Not surprisingly, the ethics committee punted and passed on our request, finding it had no jurisdiction over the matter. So the first thing the Senate needs to do is give the Ethics Committee clear authority to enforce the ban against secret holds.

Second, while referring senators who employ secret holds against nominees to the Ethics Committee is a good first step, HLOGA did not limit the secret hold restriction to just executive branch nominees; it applied to all Senate actions. Therefore, any senator who employs a secret hold on any matter should be referred to the Ethics Committee.

The secret hold is an arcane and undemocratic procedure and the American people know it, which is why the Senate banned the practice in the first place. The sooner senators recognize that voters cannot be placated with empty promises of change the sooner they will understand why the Senate is held in such low esteem. As outgoing House Appropriations Chair Rep. David Obey (D-WI) so aptly said in his farewell statement, "there has to be more to life than explaining the ridiculous, accountability destroying rules of the Senate to confused, angry, and frustrated constituents." It is long past time for the Senate to take responsibility for its part in contributing to American cynicism about the government. Ending the use of secret holds is a good place to start.

[picture via reidsenategov]