Despite more than a decade of lobbying and an overwhelming Senate vote to stop senators from anonymously blocking legislation, “secret holds” may live on.

Senate Majority Leader Bill Frist acknowledged this week that he may move forward with a resolution to change Senate rules in the absence of a successful conference report to reconcile the House and Senate ethics and lobbying legislation (HR 4975, S 2349).

Trent Lott, R-Miss, chairman of the Senate Rules and Administration Committee, said the draft resolution he has pieced together does not include a ban on secret holds that was added to the original Senate ethics bill by a vote of 84-13.

“Unfortunately, I don’t think the leadership necessarily wants that provision,” Lott said.

The provision would require senators to declare in writing to the Senate leadership when they object to bringing up a bill or nomination. Objecting senators would have three days to resolve their concerns privately before being required to declare publicly that they are blocking the measure or nominee. It was written by Charles E. Grassley, R-Iowa, and Ron Wyden, D-Ore.

Both Frist, R-Tenn., and Majority Whip Mitch McConnell, R-Ky., were in the small group that publicly opposed the language when it was on the Senate floor. At the time, aides said the leaders believed the provision’s overwhelming support had more to do with public pressure than genuine desire for change by rank and-file senators.

Cyberspace Weighs In

Wyden said he thinks the prospects for ending secret holds remain strong, particularly after an August controversy that spurred bloggers to try to determine who was blocking a bill (S 2590) that would require creation of a database to track federal grants, contracts, earmarks and loans.

Wyden said the ensuing publicity informed the public on an obscure procedure, and informed his colleagues that the public doesn’t like it. “It was embarrassing for the Senate,” Wyden said. “I think it really opened up a lot of eyes.”

Still unswayed is the the sponsor of the bill that initiated the controversy. Sen. Tom Coburn, R-Okla., said he has no qualms with secret holds, or any other rules or traditions that reduce the volume of legislation passed by Congress.

“I want less. Fewer bills, smaller government,” Coburn said. “I have no problem with secret holds.”

Lott said his rules change package will sit on the shelf until Frist tells him move forward with it instead of waiting for the House to appoint conferees on the lobbying and ethics bill.

The two chambers have stalemated over whether to include language to address campaign finance rules for so-called 527 fundraising groups. House Republicans declared they would not agree to legislation without such language; Senate Democrats and some moderates swore to oppose any legislation that includes it.

House leaders have repeatedly vowed to move a rules package of their own if an agreement cannot be reached, but they have yet to declare a timeline more precise than sometime in September.

Frist said he hopes to address lobbying overhaul “one way or another” this month.