January 12 update: Sens. Jim DeMint (R-S.C.) and Harry Reid (D-Nev.) reached a compromise to adopt Sen. DeMint’s amendment to expand the definition of “earmark.”  The amendment is expected to be voted on and passed on Tuesday, Jan 16.

Washington, D.C. – The Council for Citizens Against Government Waste (CCAGW) today blasted the Senate for playing games with an amendment (S. Amdt. 11) to the Legislative Transparency and Accountability Act of 2007 (S. 1).  Sponsored by Sen. Jim DeMint (R-S.C.), the amendment broadens the definition of “earmark” to include projects in report language and those for federal agencies.  Without the amendment, only 5 percent of earmarks will be subject to the new disclosure rules, according to DeMint and Sen. Tom Coburn (R-Okla.), who spoke forcefully in favor of the DeMint language.

Just before 3:00 p.m., the Senate rejected Majority Whip Dick Durbin’s (D-Ill.) motion to table, or kill, the DeMint amendment by a vote of 46-51, a significant defeat for the Senate Democratic leadership.  Ten Democrats voted for the amendment.  Then, in a highly unusual move, unanimous consent to pass the amendment was blocked.  Words flew back and forth between DeMint and Majority Leader Harry Reid (D-Nev.) when senators returned to the floor for a roll call.

Sen. DeMint based his definition of “earmark” on the House rules changes recently passed under Speaker of the House Nancy Pelosi (D-Calif.).  But Reid criticized the House language, saying the House rule was rushed through and the Senate was more deliberative about its definition – a less than credible comment given that each body of Congress has been back in session for an equal number of days.  Sen. DeMint also noted the Democrats were stalling the final vote with repeated quorum calls, comparing it to the strong-armed tactics Republicans in the House used to pass the prescription drug bill in 2003.  At that time, Democrats criticized such tactics and claimed they would not use them.

 “Democratic leaders are stalling in an attempt to strong-arm more Democrats into voting to table the amendment.  Sen. DeMint’s amendment is critical to transparency.  New disclosure rules are pointless if the definition of earmark is narrowly construed.  This is not a promising beginning to the new Congress when the first effort to improve accountability and transparency is being shot down by the Democratic leadership,” Schatz concluded.

CCAGW and other taxpayer organizations are continuing to press the Senate for approval of the DeMint amendment.  Numerous blogs are commenting on the process.

The Council for Citizens Against Government Waste is the lobbying arm of Citizens Against Government Waste, a nonpartisan, nonprofit organization dedicated to eliminating waste, fraud, abuse, and mismanagement in government.