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Senate Moves Toward Tougher 'Earmark' Provision
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Wednesday, Jan. 17, 2007

WASHINGTON -- The Senate's new Democratic majority, after bowing to a successful push by Republicans to make new disclosure rules even tougher than originally planned, moved to approve a measure to shine more light on thousands of expensive pet projects buried in legislation every year.

Senate Majority Leader Harry Reid, D-Nev., on Tuesday endorsed the "earmark" provision that the Senate would vote on later in the day, saying it "combined the best ideas from both sides of the aisle."

But what is expected to be a strong vote for the amendment to an ethics and lobbying reform bill comes only after a showdown over the issue last week where Republican-led opponents of Reid's approach prevailed.

Sen. Jim DeMint, R-S.C., last Thursday proposed that the Senate adapt for its bill the more expansive definition of an earmark previously approved by the House. Under that definition, an earmark subject to public disclosure would include special projects tucked in federal agency budgets, such as a Pentagon contract, as well as nonfederal projects such as state parks and municipal museums. The definition in the original Senate bill would have applied only to nonfederal entities.

"Specifically, federal earmarks will be disclosed as well as those earmarks contained in committee reports that are not written in the text of a bill," DeMint said.

Sen. Tom Coburn, R-Okla., DeMint's ally on the issue, said the Democratic approach would catch less than 5 percent of the almost 13,000 earmarks that made it into legislation last year.

Democrats countered that making public disclosures of every project designated by federal agencies was unworkable. But after Democratic leaders failed in an attempt to kill the DeMint provision, Reid on Friday acknowledged moving too quickly on the issue and pledged to work with DeMint to strengthen his amendment.

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The Senate will first vote on changes to DeMint, offered by Senate Majority Whip Dick Durbin, D-Ill., that would make it more difficult for legislators to slip in tax breaks that help a single company or a limited number of people.

Lawmakers would also be required to post their earmarks on the Internet 48 hours before a vote.

The Senate on Tuesday also approved, by voice vote, an amendment that would bar lawmakers from including earmarks in the classified parts of a bill or a conference report without language in unclassified terms describing the project, funding levels and the sponsor.

Sen. Dianne Feinstein, D-Calif., sponsor of the amendment with Sen. Jay Rockefeller, D-W.Va., said former Rep. Randy "Duke" Cunningham, R-Calif., now serving an eight-year prison term for accepting bribes from defense contractors, over a five-year period used classified reports to gain some $70 to $80 million in earmarks that helped his friends.

The Senate is trying to finish work on the ethics and lobbying bill, which seeks to restrict the ability of lobbyists to shower meals, gifts and travel on lawmakers, by the end of this week.

© 2007 Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.

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