As the Congressional year concludes and the continuing resolution for appropriation bills draws close to its expiration, the question of earmarks mars efforts to pass an omnibus bill that could allocate more than $1 trillion in funds to government programs. Earlier this week the Senate narrowly failed to pass an amendment that would ban earmarks for fiscal years 2011 through 2013. Those in favor of the ban (mostly Republicans) numbered 39 in contrast to the 56 Senators (mostly Democrats and a few Republicans on the Appropriations Committee) who oppose a ban on earmarks. While that number currently falls below the two-thirds majority sufficient to block the ban, presumably, Republicans will have greater support next month when they take several more seats of the Senate.

In the meantime, as there will not be a ban on current earmarks, Senate Democrats are drafting an omnibus bill they are hoping to pass in the Senate and the House that will likely include the contentious earmarks. The majority of Republicans in the House and Senate favor a shorter-term resolution that would extend current levels of funding until they can renegotiate allocations when Republicans take the House in January. As such, while it is possible that the omnibus bill will pass both houses, due to the narrow time frame Democrats face in drafting a favorable omnibus bill and winning enough supporters, it may be more likely that a several month or possibly year-long continuing resolution will be passed instead.