The Senate on Tuesday morning defeated a proposal from Sen. Tom Coburn Thomas (Tom) Allen CoburnCOVID response shows a way forward on private gun sale checks Inspector general independence must be a bipartisan priority in 2020 Congress must protect federal watchdogs 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.

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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 McConnell Addison (Mitch) Mitchell McConnellGOP senators pan debate: 'S---show,' 'awful,' 'embarrassment' 'One more serious try' on COVID-19 relief yields progress but no deal The Hill's Campaign Report: Debate fallout l Trump clarifies remarks on Proud Boys l Down to the wire in South Carolina 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 Durbin Richard (Dick) Joseph DurbinComey defends FBI Russia probe from GOP criticism Comey on Trump finances: Debt can make officials 'vulnerable to coercion by an adversary' Meeting Trump Supreme Court pick a bridge too far for some Democrats 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."

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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 Collins Susan Margaret CollinsGOP senators pan debate: 'S---show,' 'awful,' 'embarrassment' Budowsky: Senate's Trump Republicans on trial, in trouble Senate Democrats want to avoid Kavanaugh 2.0 MORE (Maine), James Inhofe James (Jim) Mountain InhofeGOP senators pan debate: 'S---show,' 'awful,' 'embarrassment' Romney calls first Trump-Biden debate 'an embarrassment' Overnight Defense: Appeals court revives House lawsuit against military funding for border wall | Dems push for limits on transferring military gear to police | Lawmakers ask for IG probe into Pentagon's use of COVID-19 funds MORE (Okla.), Dick Lugar (Ind.), Lisa Murkowski Lisa Ann MurkowskiGOP senators pan debate: 'S---show,' 'awful,' 'embarrassment' Schumer rips Trump, GOP over debate: 'How are you not embarrassed?' Romney calls first Trump-Biden debate 'an embarrassment' 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 McCaskill Claire Conner McCaskillThe Hill's 12:30 Report - Sponsored by The Air Line Pilots Association - Judge Amy Coney Barrett makes the rounds on Capitol Hill The Hill's Morning Report - Sponsored by JobsOhio - Showdown: Trump-Biden debate likely to be nasty Senate Democrats want to avoid Kavanaugh 2.0 MORE (Mo.) and Bill Nelson Clarence (Bill) William NelsonSenate Democrats want to avoid Kavanaugh 2.0 Democrats sound alarm on possible election chaos Trump, facing trouble in Florida, goes all in 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 Bennet Michael Farrand BennetOVERNIGHT ENERGY: House Democrats tee up vote on climate-focused energy bill next week | EPA reappoints controversial leader to air quality advisory committee | Coronavirus creates delay in Pentagon research for alternative to 'forever chemicals' Senate Democrats demand White House fire controversial head of public lands agency Next crisis, keep people working and give them raises MORE (D) and Mark Udall Mark Emery UdallThe 10 Senate seats most likely to flip Democratic presidential race comes into sharp focus Democrats will win back the Senate majority in 2020, all thanks to President Trump MORE (D).

Jordan Fabian contributed.



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