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AED Washington Insights
 
 

July 2000

In this Issue:
 
 
 
Senate rejects gas tax repeal AGAIN (some people never learn!)

The wook of July 10 was a busy one for AED on Capitol Hill. The Senate was gearing up to consider an estate tax bill (H.R.8) that passed the House of Representatives by an overwhelming majority last month. The Senate vote was a big deal. AED has been working for years with our allies in Washington to get an estate tax repeal bill to the House and Senate floors and we anticipated a busy week building last-minute support for the legistlation. But then came the bad news...

Rumors began circulating that, despite having lost two votes on the issue in April, Sen. Majority Leader Trent Lott (R-Miss.) wanted to bring a temporary gas tax repeal proposal to the Senate floor (again). The legislation in question, which was authored by Sen. Spencer Abraham (R-Mich.) and cosponsored by GOP Senators Kay Bailey Hutchison of Texas, Peter Fitzgerald of Illinois, and Rod Grams of Minnesota, proposed to suspend the $.184-per-gallon gas tax for 150 days. The Senate GOP leadership announced July 12 that the gas tax bill would be offered as an amendment to the estate bill when it was considered on the floor the next day.

In a city where bad ideas are a dime a dozen, Abraham's gas tax repeal bill was among the worst. Since 1997, all of the $.184 gas tax-including the $.43 portion enacted for deficit reduction in 1993-is deposited into the Highway Trust Fund (HTF). Since the enactment of the Transportation Equity Act for the 21st Century (TEA-21) in 1998, all revenues paid into the HTF are used to fund federal transportation programs. By even temporarily repealing the $.184 tax, the funding stream for the federal highway program was put in jeopardy and the HTF risked losing a whopping $18 billion during the upcoming five months. Despite assertions by the bill's sponsors that lost HTF revenues would be made up from the budget surplus, as far as AED was concerned the Abraham bill was a direct threat to the integrity of the budget firewalls enacted as part of TEA-21 to protect the HTF. It was a chance we weren't willing to take.

There was another problem with the Abraham proposal that, as our conversations with lawmakers during the week revealed, amazingly hadn't been considered. What would the public's reaction be when the tax was reinstated and gas prices shot up $.184-per-gallon next March? Although the public doesn't currently blame the federal gas tax for high fuel prices, you can be sure they will next year. And then, if pressure built for Congress to repeal the tax permanently, the future of the federal highway program would be in real jeopardy.

In meetings with GOP leaders, construction industry representatives were urged to embrace the temporary repeal bill and recognize that it could help GOP candidates running in marginal districts. AED emphasized the importance of the highway program the nation, the danger of tinkering with the HTF firewalls, and the political problems that would be encountered when the tax was reinstated. We also echoed the theme we've been hearing from AED members around the country in recent weeks: If the GOP is about threatening the federal highway program, why should our industry support Republicans? In the end, at least some of the people with whom we spoke got the message.

  • Gas tax repeal defeated 59 to 40
    The effort to attach the Abraham amendment to the estate tax bill ultimately failed by a vote of 59 to 40. Fifteen Republicans joined 44 Democrats (Sen. Chris Dodd (D-Conn.) did not vote) to defeat the legislation.

    The GOP senators who voted with us were:

  • Kit Bond of Missouri
  • Conrad Burns of Montana
  • Lincoln Chafee of Rhode Island
  • Thad Cochran of Mississippi
  • Susan Collins of Maine
  • Mike DeWine of Ohio
  • Pete Domenici of New Mexico
  • Michael Enzi of Wyoming
  • Chuck Hagel of Nebraska
  • Tim Hutchinson of Arkansas
  • Jim Jeffords of Vermont
  • Pat Roberts of Kansas
  • Craig Thomas of Wyoming
  • George Voinovich of Ohio
  • John Warner of Virginia

    Hopefully this vote will be the final nail in the coffin of efforts to suspend the gas tax, at least for a while. But, as we suggested a few months ago, we clearly have work to educate a few members of the Senate about the importance of the federal highway program. A good place to start would be for AED members to call their senators to either thank them for voting to protect the Highway Trust Fund this month or to take them to task for voting to jeopardize it. If you do this enough, after a while they'll know you're watching and get the point!

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    Estate tax repeal passes Senate 59 to 39

    It was the icing on a busy, but successful week for AED in Washington. On July 14, the Senate passed legislation to rid of the federal estate tax during 10 years by gradually pulling down tax rates. The Senate voted 59 to 39 to pass the Death Tax Elimination Act (HR 8), which was approved by the House last month by 279 to 136 votes.

    Estate tax repeal has been one of AED's top legislative priorities for years. A survey of our members done a few years ago found that the equipment industry alone spent more than $6 million to set up estate plans to ensure that family-owned distributorships survived the death of the current generation of owners, and that AED members were spending more than $5 million a year to buy life insurance to provide cash to pay estate taxes when they come due. Our industry is also not alone. Thus, economy-wide, the estate tax causes a massive diversion of capital to estate planning that could otherwise be invested in businesses and add employees.

    During the past several years, AED has been working with a coalition of groups to build support for repeal on Capitol Hill. One of our objectives has been to educate Democrats about the impact that the tax has on minority-owned businesses and on the ability of established companies to hire more workers. Those efforts are clearly paying off. Last month 65 Democrats voted with us in the House. This month, nine Democratic senators voted to rid the tax.

    Unfortunately, there's one Democrat who continues to oppose estate tax repeal: President Bill Clinton. The President has made clear his intention to veto the estate tax repeal bill when it gets to his desk. And despite the strong show of support in the House, the Senate didn't pass the bill with enough votes to override the veto.

    That said, we've come a long way! The fact that both houses of Congress have voted to repeal the estate tax, despite thin margins of control by the GOP, suggests that we've made real progress and that all the letters that AED members have written to their senators and representatives urging repeal are having an impact. We're well positioned to win once and for all on the estate tax issue after the November elections. So don't lose heart. We're hopeful that the new resident at 1600 Pennsylvania Avenue next year will see things our way.

    For now, let's consolidate and reaffirm the support we have for repeal. The following 59 senators who voted to get rid of the death tax deserve our thanks!

    Abraham (R-Mich.) Allard (R-Colo.) Ashcroft (R-Mo.) Bennett (R-Utah) Bond (R-Mo.) Breaux (D-La.) Brownback (R-Kan.) Bunning (R-Ky.) Burns (R-Mont.) Campbell (R-Colo.) Cleland (D-Ga.) Cochran (R-Miss.) Collins (R-Maine) Coverdell (R-Ga.) Craig (R-Ind.) Crapo (R-Ind.) DeWine (R-Ohio) Domenici (R-N.M.) Enzi (R-Wyo.) Feinstein (D-Calif.) Fitzgerald (R-Ill.) Frist (R-Tenn.) Gorton (R-Wash.) Gramm (R-Texas) Grams (R-Minn.) Grassley (R-Iowa) Gregg (R-N.H.) Hagel (R-Neb.) Hatch (R-Utah) Helms (R-N.C.) Hutchison (R-Texas) Inhofe (R-Okla.) Kyl (R-Ariz.) Landrieu (D-La.) Lincoln (D-Ariz.) Lott (R-Miss.) Lugar (R-Ind.) Mack (R-Fla.) McCain (R-Ariz.) McConnell (R-Ky.) Murkowski (R-Ark.) Murray (D-Wash.) Nickles (R-Okla.) Robb (D-Va.) Roberts (R-Kan.) Roth (R-Del.) Santorum (R-Pa.) Sessions (R-Ala.) Shelby (R-Ala.) Smith (R-N.H.) Smith (R-Ore.) Snowe (R-Maine) Stevens (R-AK) Thomas (R-Wyo.) Thompson (R-Tenn.) Thurmond (R-S.C.) Torricelli (D-N.J.) Warner (R-Va.) Wyden (D-Ore.)

     
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    New DOT highway needs report finds conditions improved, but more investment needed

    The Department of Transportation last month released the most recent version of its biennial report to Congress on the condition of America's transportation infrastructure. According to the report, 1999 Status of the Nation's Highways, Bridges, and Transit: Conditions and Performance, record levels of investment in roads, bridges, and transit in recent years have had a positive impact on highway safety and conditions, but that more investment will be needed to ensure that conditions continue to improve.

    In releasing the report, Transportation Secretary Rodney Slater said that, "This report illustrates how our record levels of investment have paid off in enhanced safety, which is our highest transportation priority, and an improved transportation system. The report also makes clear, however, more needs to be done."

    The following are among the report's key findings:

  • The average annual cost to maintain physical conditions of highways and bridges for the next 20 years is projected to be $56.6 billion by all levels of government in 1997 dollars. Capital spending on highways and bridges would need to rise $9.2 billion (16.3 percent) above 1997 levels just to maintain conditions. During the life of the TEA-21, this investment shortfall is expected to decline to $3.2 billion (5.7 percent).

  • The pavement condition of the nation's urban and rural highways has improved overall in recent years. Since 1993, the percentage of interstate road miles with acceptable ride quality has increased from 91.2 percent in 1993 to 92.4 percent in 1997. The percent of total road miles in poor condition dropped from 8.6 percent to 6.6 percent during that same period.

  • The condition of the nation's bridges has also improved. The percentage of deficient bridges overall fell from 34.6 percent in 1992 to 29.6 percent in 1998. The interstate highway system has the lowest percentage of deficient bridges, 16.4 percent in rural areas and 26.8 percent in urban areas.

  • Most measures of traffic congestion show an increase during the past several years. Travel density in terms of travel-per-lane mile is clearly increasing. Delays increased on all highways between 1993 and 1997, rising from 8.3 to 9 hours per 1,000 vehicle miles traveled.

    The report is in many ways a political document designed to build support for the Clinton administration's efforts to link transportation and social policy. The following quote is typical: "People in low-income households have fewer travel options and a much smaller radius of access to goods and services than those in higher income households. The high cost of acquiring, registering, insuring and maintaining a vehicle places vehicle ownership out of range for many low-income households." However, as in previous years, the information provided by the report regarding road conditions and investment needs should prove useful in helping our industry to continue to make the case on Capitol Hill for strong federal infrastructure programs.

    To read the report, visit the DOT's Web site, www.fhwa.dot.gov/policy/1999cpr/index.htm.

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    House Votes to Block EPA Air Standards

    The House of Representatives voted June 21 to pass legislation blocking enforcement of the Environmental Protection Agency's new air quality standards on a bipartisan vote of 226 to 199.

    The amendment to the House version of the Veterans Administration, Housing and Urban Development, and Independent Agencies appropriations bill would prevent the EPA from designating additional areas as being out of compliance with the ozone and particulate matter standards that the agency promulgated in 1997. Being designated as a "nonattainment area" triggers a series of sanctions for localities, including the loss of federal highway money.

    The amendment, sponsored by Reps Mac Collins (R-Ga.) and John Linder (R-Ga.), comes in response to recent developments in the case challenging the EPA's new air standards. In May of 1999, the U.S. Court of Appeals for the District of Columbia Circuit upheld a lower court's decision that the standards were unconstitutional in a case brought by construction industry and business community groups. Earlier this year, the Supreme Court granted certiorari in the case and will hear arguments during the Court's next term, which begins in October.

    Despite the lower court rulings, EPA began notifying states a few months ago that they had to begin designating areas that are not in compliance with the new standards by June 30, or the agency would make the designation itself. The Collins amendment is therefore an effort to stop the agency from ignoring the courts and implementing a misguided and unconstitutional regulation.

    It is hoped that parallel language will be included in the Senate version of the VA, HUD appropriations bill when it is considered later this summer.

    Election Outlook 2000: AED gears up to ImPACt 2000

    It's been a busy few weeks for AED's Political Action Committee. In addition to attending a construction industry fundraiser for Sen. John Warner (R-Va.), we've been working with our allies in the National Stone Association and National Utility Contractors Association to organize a series of events to support the reelection of pro-growth members of the House. So far this month we held fundraisers for Reps Jennifer Dunn (R-Wash.), J.C. Watts (R-Okla.), Asa Hutchinson (R-Ark.), Ellen Tauscher (D-Calif.), Mike Simpson (R-ID), Ray LaHood (R-IL), and Phil Crane (R-IL). Planning is underway to hold events for Representatives Sherwood Boehlert (R-NY), Tom Davis (R-VA) (the chairman of the National Republican Congressional Committee), Don Young (R-AK) (the likely next chairman of the House Transportation & Infrastructure Committee), and Nick Joe Rahall (D-WV).

    However, the centerpiece of AED's election year activities is our ImPACt 2000 local group fundraiser program, through which AED PAC works with AED members to organize meetings between distributors and candidates at the local level. At each event, AED PAC contributes $2,500 to the candidates and challenges local group members to match that amount with personal contributions.

    So far this election cycle AED members have held events for Representative Anne Northup (R-KY), Senator John Ashcroft (R-MO), and GOP House Candidates Mike Rogers (R-MI) and Chris Vance (R-WA).

    Several other local group events are in the works. The Georgia Equipment Distributors Association is planning a lunch for Representative Charlie Norwood (R-GA) in Atlanta on October 23rd. The Memphis Associated Equipment Distributors are holding an event for Rep. Ed Bryant (R-TN) on August 22nd. And the Montana EDA is holding a luncheon for House Candidate Denny Reberg (R) on August 15th. Many other local groups are in the process of selecting candidates and organizing their events. We'll keep you posted.

    For information on organizing an ImPACt 2000 event in your area, call AED's Washington office at (703) 739-9513 or email caklein@aednet.org.

    The Senate last month passed estate tax repeal legislation. Find out how your senators voted.

    Our nations highways are getting better but more needs to be done just to maintain current conditions, a new DOT report finds.

    The House has passed legislation to block EPA from implementing its new air standards.

    Election Outlook 2000: AED PAC is working with our allies in Washington and AED members around the country to help elect pro-growth candidates to Congress.

     
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