Senate votes down ban on earmarks, 39-56

The Senate on Tuesday morning defeated a proposal from Sen. Tom CoburnThomas (Tom) Allen CoburnMr. President, let markets help save Medicare Pension insolvency crisis only grows as Congress sits on its hands Paul Ryan should realize that federal earmarks are the currency of cronyism MORE (R-Okla.) to ban congressional earmarks.

In a 39-56 vote, members defeated a temporary ban on the appropriations procedure. The moratorium was offered as an amendment to a food-safety bill that is scheduled for a final vote Tuesday morning.

Senate Republicans have already passed a voluntary ban on earmarks in their caucus, but several GOP senators have objected to it. Democrats have so far declined to ban earmarks from their members.

The legislation would have established an earmark moratorium for fiscal years 2012 and 2013, and also would have covered the fiscal year that began on Oct. 1. Congress has yet to pass an appropriations bill for the current fiscal year, and in the lame-duck session lawmakers are likely to approve either an omnibus spending bill or a continuing resolution to keep the government operating.

In speeches on Monday, Coburn said the ban was the only way to rein in out-of-control spending. He did not speak on Tuesday morning, but Minority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellTeacher defeats Kentucky state House majority leader in GOP primary Conservatives leery of FBI deal on informant Lobbying world MORE (R-Ky.), who supports the ban, alluded to the issue in remarks about the current debate over tax cuts.

"Republicans have heard the voters loud and clear," McConnell said. "They want us to focus on preventing a tax hike on every taxpayer, on reining in Washington spending and on making it easier for employers to start hiring again."

But Democrats repeated the argument they laid out in floor speeches on Monday, asserting that the earmark process has already been made transparent.

"We have put in place the most dramatic reform of this appropriations process since I've served in Congress," said Majority Whip and Appropriations Committee member Dick DurbinRichard (Dick) Joseph DurbinHouse easily passes prison reform bill backed by Trump This week: House GOP regroups after farm bill failure Overnight Health Care — Sponsored by PCMA — Trump hits federally funded clinics with new abortion restrictions MORE (D-Ill.). "There is full disclosure in my office of every single request for an appropriation. We then ask those who have made the requests to have a full disclaimer of their involvement in the appropriation, so it's there for the public record. This kind of transparency is virtually unprecedented."

Like other Democrats and some Republicans, Durbin said he would not abdicate any earmarking authority.

"I believe I have an important responsibility to the state of Illinois and the people I represent to direct federal dollars into projects critically important for our state and our future," Durbin said.

Eight GOP senators voted to preserve earmark spending, including Thad Cochran (Miss.), Susan CollinsSusan Margaret CollinsPressure rising on GOP after Trump–DOJ fight’s latest turn Trump's plan to claw back spending hits wall in Congress Dem rep to launch discharge petition to force net neutrality vote in House MORE (Maine), James InhofeJames (Jim) Mountain InhofeSenate panel unanimously approves water infrastructure bill Defense bill moves forward with lawmakers thinking about McCain Overnight Energy: EPA moves to roll back chemical plant safety rule | NASA chief says humans contribute to climate change | Pruitt gets outside lawyer MORE (Okla.), Dick Lugar (Ind.), Lisa MurkowskiLisa Ann MurkowskiKeeping Pruitt could cost GOP Congress, Trump in the fall Trump's plan to claw back spending hits wall in Congress GOP, Dem lawmakers come together for McCain documentary MORE (Alaska) and Richard Shelby (Ala.). Retiring Sen. George Voinovich (Ohio) and defeated Sen. Bob Bennett (Utah) also voted against it.

Two Democrats facing potentially tough reelection battles in 2012 also voted for the earmark moratorium: Sens. Claire McCaskillClaire Conner McCaskillTrump urges anti-abortion advocates to rally in November Calif. gov candidates battle for second place Senate panel advances Trump's CIA nominee MORE (Mo.) and Bill NelsonClarence (Bill) William NelsonPoll: 8 in 10 people in key states concerned about driverless cars Ted Cruz and Bill Nelson give NASA a reality check on privatizing International Space Station Overnight Defense: Senate confirms Haspel as CIA chief | Trump offers Kim 'protections' if he gives up nukes | Dem amendments target Trump military parade MORE (Fla.)

Retiring Sen. Evan Bayh (D-Ind.) and defeated Sen. Russ Feingold (D-Wis.) also voted for the earmark ban, as did Colorado Sens. Michael BennetMichael Farrand BennetGOP, Dem lawmakers come together for McCain documentary Overnight Health Care — Sponsored by PCMA — Trump official won't OK lifetime limits on Medicaid Hillicon Valley: White House eliminates top cyber post | Trump order looks to bolster agency CIOs | Facebook sees spike in violent content | Senators push NIH on tech addiction | House to get election security briefing MORE (D) and Mark UdallMark Emery UdallSenate GOP rejects Trump’s call to go big on gun legislation Democratic primary could upend bid for Colorado seat Picking 2018 candidates pits McConnell vs. GOP groups MORE (D).

Jordan Fabian contributed.

—This story was last updated at 12:02 p.m.