With the Democrats’ priority bills stuck in the Senate, now what?

Their inability in most cases to muster the 60 votes needed to move their legislation through the Senate — let alone the two-thirds majorities in both chambers needed to blunt veto threats — has forced the new Democratic majority to consider a fallback strategy.

Perhaps indicating things to come, Democratic leaders are using the supplemental appropriations bill for Iraq and Afghanistan (HR 1591 — H Rept 110-107) as a vehicle for the first item on their list, an increase in the minimum wage.

Senior Democrats, including some authorizing committee and subcommittee chairmen, said there is strong support among Democrats for moving priority legislation on the supplemental, and perhaps on other spending bills.

The Senate cleared the supplemental spending package Thursday, but it faces a promised veto when it reaches President Bush.

House Ways and Means Health Subcommittee Chairman Pete Stark said he envisions the Medicare prescription drug price negotiation bill (HR 4, S 3) — one of his party’s “six for ’06” — hitching a ride on a spending bill.

“It ain’t going to get to Bush’s desk if it doesn’t pass the Senate,” said Stark, D-Calif. “The question is what can we do procedurally to get the Senate to do something different.”

Other stalled bills that could be candidates for berths on spending bills later this year include a student loan rate reduction (HR 5), stem cell research legislation (HR 3, S 5), an oil subsidy rollback (HR 6) and implementation of recommendations from the Sept. 11 commission (HR 1, S 4).

“Ideally, it’s not great to use spending bills. But they may be the only vehicles we can use on some issues where we’re facing a veto or we have problems in the Senate,” said Democrat Barney Frank of Massachusetts, who chairs the House Financial Services Committee.

Speculation about the Democrats’ plan B increased last week after the Senate upheld a filibuster against taking up the Medicare prescription drug bill.

Rank-and-file House Democrats will likely urge leaders to use appropriations bills to advance priority legislation if Republicans refuse to make deals on stand-alone measures, said Ellen O. Tauscher, D-Calif., a leader of the New Democrat Coalition.

“We did it on the supplemental because it was something that would move and pass,” Tauscher said. “As an authorizer, I’m not for legislation on appropriations bills. But we have an obligation to the American people. . . . We’re not going to sit idly by forever and allow recalcitrant Republicans living in the past to block legislation.”

Both chambers have rules against legislative provisions on spending bills, but those bans have been set aside by both Democratic and Republican majorities. (Chart, this page)

Democratic leaders have not declared an intent to use the annual appropriations bills to jump-start a raft of legislation. Senate Majority Leader Harry Reid, D-Nev., said the strategy will probably be used on “very rare occasions.” House Speaker Nancy Pelosi, D-Calif., did not rule out such tactics, but added, “It’s not anything we’re discussing.” Pelosi said she still expects legislative success through regular procedures.

Several other party leaders and senior Democratic aides said spending bills would be obvious vehicles if stalemates continue.

“There are times when you have to find whatever means you can to get the people’s work done,” said House Majority Whip James E. Clyburn, D-S.C.

House Democratic Caucus Chairman Rahm Emanuel of Illinois said the leadership will not turn to an appropriations strategy without coordinating with the Senate and authorizing committee chairmen. “Whatever we do, we will consult with them,’’ he said.

House Appropriations Chairman David R. Obey, D-Wis., hinted that he would lean against using spending bills from his panel to move unrelated provisions. “We don’t want to be the locomotive that has to pull everything,” he said.

But Republicans expect to see a lot of extraneous provisions on spending bills.

“Democrats are trying to move their priorities on must-pass spending bills. They can do a little of that. But if they try to stuff us by putting their whole agenda on spending bills, we will block them,’’ said Senate Minority Whip Trent Lott, R-Miss.

Efforts to move legislation through spending bills typically begin in the House, where the leadership can send spending bills to the floor under ground rules waiving the rule against legislative provisions on appropriations bills. The Senate rule that provides a basis for a point of order against legislative provisions in appropriations bills does not apply to language coming from the House.

As former appropriators, Pelosi and Reid are well-versed in what can be done with spending bills. Clyburn and House Majority Leader Steny H. Hoyer, D-Md., are also former appropriators, and Senate Majority Whip Richard J. Durbin, D-Ill., is a current appropriator.

“Certainly Republicans did it,” said Hoyer. “And sure, we could move priorities on spending bills. But are we going to do it? I don’t want to anticipate it.”

Republicans including Jerry Lewis of California, who is the top House GOP appropriator, and former Speaker J. Dennis Hastert complained that Democrats have already have gone too far by packing so much into the war supplemental spending bill.

“If you start to move everything on appropriations, you break down the institution,” said Hastert, R-Ill.