re: Eh
DeMint insisted that the Senate definition would catch about 5 percent of earmarks, saying that in most instances lawmakers insert their pet projects not into the bill itself but into the explanatory report language that accompanies the bill and is not subject to a vote.
The word "insisted" in the article was unclear. The existing Senate version, which would cover 5 percent, was what DeMint and others were trying to amend.
A later sentence in the same article says,
Democratic Whip Dick Durbin, D-Ill., also said the DeMint provision was "unworkable" because it was so broad it could be applied to thousands of projects included in federal spending bills.
Which tends to support the view that the DeMint version was more encompassing.
The broader version is similar to the House version, and should pass there easily.