Schumer Sets Up Senate Minibus Debate

The Senate officially began debate on the minibus spending bill this week after senators voted to proceed to the House-passed Military Construction, Veterans Affairs, and Related Agencies Appropriations Act (MilCon-VA; HR 4366).

After proceeding to the bill, Majority Leader Chuck Schumer, D-N.Y., offered an amendment (S. Amdt. 1092) to HR 4366 that includes the Senate’s version of the MilCon-Va bill, as well as the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, and the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act.

Schumer’s amendment - the Senate’s minibus spending bill - is an amendment in the nature of a substitute (ANS). That is, the amendment strikes everything after the enacting clause in the underlying bill and inserts new language. And since the first amendment was an ANS, the Senate will use the amendment tree depicted in Chart 4 in Riddick’s Senate Procedure (p. 89) as long as it is pending.

Chart 4

Appropriations Committee Chair Patty Murray, D-Wash., next offered an amendment (S. Amdt. 1205) at branch C (perfecting first degree amendment). Murray’s amendment merely adjusts the date on which the act takes effect by one day. It serves as a so-called blocker amendment, which helps Democrats control the Senate floor. Once pending, senators must ask unanimous consent to offer an amendment directly to the minibus spending bill (which would presumably be denied if Schumer or Murray want to block the amendment).

Murray’s blocker amendment leaves open branches E and F (on the left side of the amendment tree) and branch D (on the right side of the amendment tree). But these branches do not present the same challenges to proponents of the minibus because the impact would be minimal if a senator successfully offered an unwanted amendment at those places on the tree. For example, Murray could move to table her amendment pending at branch C to prevent a vote on any amendment pending at branch D on the right side of the tree. Similarly, the Senate’s adoption of amendments at branches E and F on the left side of the tree would be irrelevant once senators approves S. Amdt. 1092, which strikes everything in the underlying bill and replaces it with new text.

After Murray offered her blocker amendment at branch C, Schumer moved to commit the underlying House bill (i.e., 4366) to the Appropriations Committee with instructions to report back forthwith with an amendment (S. Amdt. 1207) which also adjusts the date on which the act takes effect. Schumer’s motion to commit operates as a blocker amendment. By offering it, Schumer effectively closes the entire tree to amendments. the only open branch on the tree is an amendment to the instructions.

The process described above is depicted step-by-step below. Each branch on the amendment tree is color coded according to its status.

Blue = underlying legislation to which senators may offer amendments

Yellow = pending amendments

Red = branches closed off by pending (yellow) amendments

Green = open branches

White/No Color = branches not yet available

Step 1

The Senate votes to begin debate on the House-passed MilCon-VA bill (HR 4366).

Step 2

Schumer offers the minibus spending bill as an amendment to HR 4366.

Step 3

After S. Amdt. 1092 is pending, the Senate considers it part of the underlying bill for purposes of amendment. Amendments can then be offered at branches A, C, and E.

Murray then offers S. Amdt. 1205 as a blocker amendment at branch C to better preserve order on the Senate floor.

Once pending, Murray’s amendment effectively puts the Senate in a unanimous consent posture. That is, it forces senators to ask unanimous consent to set it aside to offer their own amendments directly to the Senate substitute amendment (S. Amdt. 1092).

Step 4

Once Murray’s blocker amendment is in place, Schumer then moves to commit HR 4366 to the Appropriations Committee with instructions that it report back the bill with S. Amdt. 1207 included forthwith. Schumer’s motion closes off all the branches on the tree.

Schumer can withdraw his motion to commit once senators reach an agreement on how to consider the minibus spending bill. But the Murray blocker amendment will still be in place, ensuring that Democrats maintain control over the floor during that process.