SMART Act (Cong. Rec., May 20, 2020)
Summary
Page S2521 of the Senate section of the Congressional Record for May 20, 2020. A speaker recounts a floor speech about Vladimir Putin and a lunch with Gary Kasparov, the former world chess champion. Under the heading SMART Act, Menendez describes State and local governments squeezed by emergency spending and dried-up revenue, says no State should go bankrupt fighting the virus, and notes State and local governments have received $5.8 billion to help schools adjust to online learning. Remarks also note that May is Mental Health Awareness Month.
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“SMART Act (Cong. Rec., May 20, 2020).”
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May 20, 2020 CONGRESSIONAL RECORD — SENATE S2521
Vladimir Putin a few times in the past, they have been squeezed on both sides Congress: ‘‘In times like the present,
and I said ‘‘Russia’’ when I meant of the ledger, spending billions of dol- men should utter nothing for which
‘‘Vladimir Putin.’’ lars in unforeseen costs on emergency they would not willingly be responsible
I think the American people stand in- response while watching as revenues through time and eternity.’’
terested not just in the future of the dry up due to necessary stay-at-home I believe that history will look kind-
Chinese people but also of the Russian orders and the closure of non-essential ly upon those who stood for unity and
people, and both these countries are led businesses. compromise over demagoguery, those
by some really bad actors. The emergency protective measures who put the well-being of the country
One time I made a speech here on the have been effective at flattening the over scoring partisan points, those who
floor about some of the terrible things curve and have no doubt saved thou- stuck out their necks and took a polit-
Vladimir Putin was doing to oppress sands of lives, but they also came with ical risk for no other reason than it
his people and to meddle in our elec- a cost. All revenue sources are down. was the right thing to do.
tion and other elections. Sales tax revenue has plummeted with I am proud of the bipartisan coalition
After the speech, which I thought businesses closed. Highway trust funds we have built, and I want to thank
covered the points I needed to cover, won’t have the resources to do basic each of my colleagues for their work
Gary Kasparov, the former world chess road maintenance. Downtown parking and their commitment to rebuilding
champion, came and said: Can I talk to meters are going empty due to people our communities—Senator CASSIDY,
you? observing social distancing. Building who has led this effort with me, Sen-
We went to lunch, and he said: If you permits and municipal court fees have ator HYDE-SMITH; Senator MANCHIN,
actually want to fight against Vladi- fallen. Senator COLLINS, and my partner in
mir Putin—because freedom-loving Unless we act soon, we will see mass New Jersey, Senator BOOKER.
people in the United States and in Rus- layoffs, devastating tax increases, and With that, I turn to my friend from
sia should be opposed to Vladimir a breakdown in public safety and essen- Louisiana, the distinguished Senator
Putin—it would be helpful that you tial services. Already, the Bureau of who exemplifies these qualities and has
not, in disparaging Vladimir Putin, say Labor Statistics reported that State been an incredible partner in crafting
a whole bunch of bad stuff about the and local governments laid off 1 mil- this legislation and building this coali-
word ‘‘Russia’’ and you accidentally— lion public employees in April. This tion over the past month.
he said to me—referred to our problem challenge is true for every State, coun- Mr. CASSIDY. Madam President, I
as ‘‘Russia’’ when you meant ‘‘Putin.’’ ty, city, and town in the country. thank Senator MENENDEZ and return
I think I have learned that lesson The State Municipal Assistance for the compliment. We have worked
with regard to Russia, but I think a lot Response and Transition, or SMART through a lot of issues to find a bill
of us around here don’t always suffi- Act, is the bold, bipartisan, and com- that meets a valid, public purpose that
ciently distinguish between China and monsense solution we need to give our can pass on a bipartisan basis in both
the Chinese Communist Party. communities a fighting chance and Chambers. I thank Senator MENENDEZ
So I just wanted to affirm and under- stop the economy from free-falling. It for working with me on that.
score your message—not just good leg- provides $500 billion in flexible Federal The title of this bill is the ‘‘SMART
islation that is good for Americans, is dollars that will help our communities Act,’’ but in retrospect, I wish we had
good for investors in the United States dramatically expand the testing capac- renamed it ‘‘the Thin Blue Line Act’’
and abroad, is good for a level playing ity and contact tracing we need to con- because this is about helping cities and
field, but as we oppose the bad actions tain the virus—a necessary step in re- States preserve essential services such
of the Chinese Communist Party—their storing consumer confidence and to re- as police, fire, and education for the re-
intellectual property theft and their start the economy. It will help stave opening of our economy.
manipulation of currency and numbers off massive layoffs, tax hikes, and deep, Let’s just kind of review. The Federal
and public health data and on and on painful cuts to essential services. It Government asked that State and local
and on—our opponent is not the Chi- will keep our police officers, fire- governments shut down their economy
nese people, and we should say that fighters, public health workers, teach- in order to control the coronavirus,
both so the American people under- ers, and other essential employees on and just like those small businesses
stand it and so that the Chinese people the job during this critical time, be- closed at the behest of the government
understand it. So I commend you on cause it is not just about defeating authority, so did State and local gov-
the way you introduced your legisla- COVID–19; we still need to keep our ernments close, if you will, at the be-
tion today. streets safe, our children learning, the hest of the Federal authority. But
I suggest the absence of a quorum. trash picked up, the roads maintained, what that did is it devastated the tax
The PRESIDING OFFICER (Ms. and the buses and trains running on basis.
MCSALLY). The clerk will call the roll. time. Moody’s, which Senator MENENDEZ
The bill clerk proceeded to call the I hear some of my colleagues speak already alluded to, the independent
roll. from this floor, calling not for unity agency that looks at the finances of
Mr. MENENDEZ. Madam President, I but for division. They callously ignore cities and States, has said that if your
ask unanimous consent that the order the pleas for help from their fellow State is dependent upon income tax,
for the quorum call be rescinded. Americans, comforted by the selfish upon sales tax, upon tourism, and upon
The PRESIDING OFFICER. Without but mistaken belief that their commu- proceeds from energy, you have been
objection, it is so ordered. nities are immune to the fiscal Arma- hammered. Your tax base has fallen
Mr. MENENDEZ. Madam President, I geddon facing our communities. Let dramatically, and with the dramatic
rise today to engage in a colloquy with me be clear. When your revenues drop fall of that tax base comes a dramatic
Senators CASSIDY, COLLINS, and my fel- 30 percent overnight, it really doesn’t fall in the ability to support the thin
low Senator from New Jersey, Senator matter how fiscally responsible or con- blue line—the educators, the fire-
BOOKER, and I ask unanimous consent servative your State budget is; no one fighters, the you name it, the essential
that they be acknowledged in that can prepare for that. services that are essential to the re-
order and that they be allowed to com- Moody’s just reported that States opening of our economy when we come
plete their remarks. like Ohio and Arizona are facing the out the backside of this epidemic.
The PRESIDING OFFICER. Without fiscal shock of losing 20 percent of Now, it has already happened.
objection, it is so ordered. their entire budget, and West Virginia, Moody’s predicts that 3 million of
SMART ACT 40 percent. This is not a red State or these essential workers will be laid off.
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Mr. MENENDEZ. Madam President, blue State issue; this is a red, white, I am told that 1 million already have
as our Nation grapples with the and blue issue. It is an American pri- been. You can read about universities
COVID–19 pandemic, our State, county, ority. laying people off, but let’s go back to
and municipal governments have been In December of 1862, during the the thin blue line.
on the frontlines taking a leading role height of the Civil War, President Lin- The city of Shreveport, LA, just put
in responding to this crisis. As a result, coln wrote the following message to out a budget in which there is a $20
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S2522 CONGRESSIONAL RECORD — SENATE May 20, 2020
million hit to their city budget overall, out at the end of the calendar year. Ob- revenues are from income and sales
and $3.9 million was, unfortunately, viously, at the end of this calendar taxes. They have plummeted. Gas tax
laid upon law enforcement and 54 posi- year is almost beyond the fiscal year revenues have tanked. These projected
tions eliminated. for most States, and so that would shortfalls threaten vital State and
Now, I am told that some Federal place the dollars at the State’s disposal local services.
dollars came through and allowed the for the next fiscal year. In that way, One in six Mainers is employed in the
restoration of some of those positions, we cover this prolonged period that public sector. These are the individuals
which, if you will, is a proof in concept Moody’s says that State and local gov- who keep our communities and our
that if there is help from the Federal ernments will be out. citizens safe: the police officers, the
taxpayer to the State and local tax- There is one more concern, and that firefighters, the EMS personnel. They
payer—because they are one in the is whether or not all this money will go provide healthcare and education. They
same—then, these essential services to a Governor’s office and none will go maintain our roads and our bridges.
can be preserved. And we know that if to counties or parishes or municipali- When I visited the Orono Fire De-
those police positions are preserved, ties in Louisiana. One-third of the dol- partment recently to deliver some
then, that downtown in Shreveport is lars will go directly to municipalities much needed masks, the town manager
more likely to safely reopen for com- and counties—those local governments told me that the decline in excise taxes
merce. that are on the forefront of providing has been devastating for this town.
Now, we talked about Moody’s pre- services to those who are being affected Maine communities tell me that they
dicting loss of revenue. Louisiana is by the coronavirus epidemic. will have no choice but to either in-
predicted to lose 45 percent of its rev- We think we have something which crease property taxes, at the worst pos-
enue, but there are other States af- balances the needs of stakeholders—the sible time for working families, or
fected. New Jersey, Maine, Florida, most important stakeholder being the eliminate first responder jobs and slash
Oklahoma, Michigan, Idaho, Alaska, American citizen—that both addresses education funding if they do not re-
Arizona, and Illinois are all predicted the need for fiscal accountability and ceive help.
to lose large sums of tax revenue. the need to preserve those essential The SMART Act would help to avoid
So let me speak specifically about government services to get our econ- the worst of these consequences by pro-
the SMART Act, or, again, as I call it, omy going once more. viding $500 billion in Federal relief to
the ‘‘Thin Blue Line’’ bill. It is a rea- Again, I am going to ask all of my State, local, and Tribal governments.
sonable, bipartisan, ‘‘this is how we go colleagues to support the ‘‘Thin Blue Unlike the CARES Act, where only big
forward’’ bill in both Chambers. We Line’’ bill, otherwise known as the cities were eligible for assistance,
picked $500 billion. Some would say: SMART Act. I think it is a smart way under our bill every county and every
Well, that is too much. Actually, that to go forward to make sure we don’t community would be eligible for fund-
was the amount of money that Moody’s slip into a recession, but we return ing. Maine would receive at least $2 bil-
predicts State and local governments with as robust an economy from this lion, including about $330 million for
will lack over the next year and a half. crisis as when we entered the crisis. counties and $330 million for commu-
So we actually kind of nail where the With that, I will yield to my col- nities. And the $1.25 billion that we al-
independent agency puts the need for league from Maine. ready appropriated for assistance to
our State and our local government, The PRESIDING OFFICER. The Sen- State governments under the CARES
and it is targeted. ator from Maine. Act would be made much more flexible
One, there has been a lot of concern Ms. COLLINS. Madam President, I so it could be used to offset these dra-
that this would be used to ‘‘bail out am pleased to be a cosponsor of the matic revenue shortfalls.
States,’’ that those who have accumu- SMART Act, and I want to commend The fallout from the coronavirus is
lated a large, unfunded accrued liabil- Senator MENENDEZ and Senator CAS- unprecedented. Congress has a tremen-
ity in their pension funds would use SIDY for their tremendous leadership. dous responsibility to help mitigate
that money to support those pension Our bill would help offset the collapse the impact of this crisis on our States
funds. We specifically do not allow of State and local revenues resulting and our local communities and on the
that. So if that is somebody’s political from the COVID–19 pandemic. families they serve. We must not wait.
concern, that has been addressed. The coronavirus has already claimed We should act now.
What do we do? Well, first, a third of the lives of more than 90,000 Ameri- Thank you.
the dollars can go out now because it is cans. As the virus damages our health The PRESIDING OFFICER. The Sen-
based upon population. This recognizes and deprives us of our loved ones, it ator from New Jersey.
that if California has 31 million people has also devastated our communities Mr. BOOKER. Madam President, I
and Wyoming has 500,000, there needs and our economy. thank Senators CASSIDY and MENENDEZ
to be some accommodation for just the As of last week, nearly 20 percent of for leading on this extraordinary bill
population size because, inevitably, Maine’s total civilian workforce had and the broad bipartisan support that
that is going to influence the total filed for unemployment. The tourism it has.
need. sector has been particularly hard hit, I know Senator MENENDEZ and I have
The next third will go out at the end and this is so important to my State. both been mayors in our communities,
of June, based upon how hard a State But the fact is that no industrial sec- and when there is no crisis, we know
was hit in terms of health from the tor has been immune from this disease. intimately the challenges that so many
coronavirus. So if your State was Restaurants and hotels in southern of our public servants face. In times
slammed from coronavirus—Louisiana Maine face uncertainty, not knowing when we do not see pandemics, our fire-
was, New Jersey was, and other States when or even if they will ever reopen. fighters put their lives on the line, our
have been—then, that is where you get As a result of having to cancel non- police officers put their lives on the
the help. essential surgeries, many hospitals are line, and our teachers extraordinarily
Frankly, it is unfortunate that you struggling to stay open. Lobstermen work above and beyond the call of
are getting the help. It would be a lot and fishermen have lost major mar- duty. Indeed, our communities are
better if your State had not been im- kets. Potato farmers may be unable to strong because of these dedicated pub-
pacted, but if it has been impacted, it sell more than $22 million worth of lic workers.
is there to support your State through their 2019 crop. The motor coach indus- At a time of crisis, we see that our
the health aspect of this crisis. try has been devastated. In short, teachers are rising to the challenge,
The last third will go out at end of working families and communities working to keep their students en-
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this calendar year. That is based upon across the State of Maine have been hit gaged, even though they are now miles
the financial hit that your State has hard. apart. I hear stories of teachers riding
taken. So if your State’s tax base has Moody’s forecasts that Maine may around, going out to visit students,
been decreased by 45 percent, then, you face one of the worst impacts in the en- keeping their distance but ensuring
would get additional dollars in the tire country in terms of lost revenues. that the students get the support they
third tranche of money, which comes Eighty-five percent of Maine’s State need.
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May 20, 2020 CONGRESSIONAL RECORD — SENATE S2523
Our firefighters are out there now, State should go bankrupt because we their jobs or homes, to keep our air-
putting their lives even more at a risk, in the Federal Government refuse to ports running, and to help our commu-
putting themselves on the line to help support them. No essential public nities respond and serve in this chal-
their communities. worker should lose their job because of lenging moment.
Police officers are answering calls this crisis and because Congress was The action Congress took has helped
without hesitation, despite the great not stepping up to lead through it. to meet immediate challenges, but it is
risk that puts on them and their fami- There is no time to waste. As was clear the pandemic has caused signifi-
lies when they go home. said by my colleague, we have folks in cant human suffering and staggering
So many of our other public servants my State who are putting together economic losses.
are working diligently to keep our their budgets right now. As we heard In the last 2 months, I have heard
communities running, to keep our from my colleague from Louisiana, from hundreds suffering the effects of
States strong to meet a crisis, and to they are already accounting for the this outbreak and the response: first
try to help folks stay healthy and stay need to make cuts. We have already responders, doctors, and nurses on the
safe. Without hesitation, across New seen hundreds of thousands of public frontline, small business owners and
Jersey—across all of our 50 States—we workers being laid off. The delay has farmers who have seen the viability of
are seeing more clearly the heroic ac- costs, and when you are talking about their businesses threatened, families
tions of people who are leading in a first responders, the delays can have who have suffered job losses, children
time of crisis. costs that are hard to imagine. who are out of school, and food banks
But as was said by my colleagues, I encourage my colleagues to see this that have seen an unprecedented surge
across the country, States are being as what it is. It is an accurately tai- in demand.
hit by significantly declining revenues lored response. It is a bipartisan bill. It Before this pandemic, Americans
and extraordinarily increasing costs. is what our Nation needs right now. I were enjoying a thriving economy,
We are already seeing early projec- encourage my colleagues in the Senate with the lowest unemployment rate in
tions, as discussed by my colleagues. to work to get this to the floor so that 50 years. Under the leadership of the
Even independent rating agencies like we can vote on it, pass it, and get it Trump administration, more families
Moody’s are talking about hundreds of through Congress to the President’s were on their way to living the Amer-
billions of dollars in deficits for our desk, so we can avoid the storm that ican dream. Then, in late March, the
State and local governments. we are in and, ultimately, overcome day after the Senate passed the CARES
My own Governor has estimated New the severity of its ravages. Act, we learned that a record 3.3 mil-
Jersey’s protracted gap caused by The PRESIDING OFFICER. The Sen- lion workers had applied for initial un-
those declining revenues—those ex- ator from Georgia. employment benefits in a single week.
tremely rising costs—to be somewhere Mrs. LOEFFLER. Madam President, The total is now a staggering 36.5 mil-
between $20 and $30 billion. I ask unanimous consent to complete lion Americans who filed initial jobless
Due to these shortfalls, without im- my remarks before the 12:30 p.m. vote. claims. This is more than the combined
mediate action from Congress, State The PRESIDING OFFICER. Without populations of Georgia, Pennsylvania,
and local governments will be forced to objection, it is so ordered. and Ohio.
make deep cuts to public services, in- U.S.A. RISE In my State, more than one in three
cluding laying off folks who are not Mrs. LOEFFLER. Madam President, Georgians have lost their jobs. Watch-
just essential in word but who often 8 weeks ago today, the Senate passed ing this unfold, despite the relief of the
make the difference between life and the CARES Act, an unprecedented $2.2 CARES Act, I recognize that it is time
death, safety or crisis in our commu- trillion package of legislation aimed at to look beyond the immediate response
nities. These would be the workers who providing relief as our country took and to focus on our recovery. As a
would be laid off at a time when we steps to respond to the threat of member of the President’s Opening Up
need them the most. COVID–19. America Again Congressional Group, I
Not only do we need these vital pub- Previously, we passed legislation to am putting my nearly three decades of
lic servants on the job, protecting our expand free access to testing and paid experience in building companies and
communities, educating our kids, and leave, accelerate vaccines and treat- creating jobs and opportunities to
supporting our neighbors, but cuts like ments, and to support the Federal work for Georgians. With my experi-
these actually will aggravate and deep- agencies leading our pandemic re- ence and the conversations I have had
en the overall economic crisis facing sponse. with Georgians, I developed a U.S.A.
our country. Independent rating agen- The CARES Act was designed to sup- Restoring and Igniting the Strength of
cies and others say that cuts like these port the health of our citizens and the Our Economy plan—or U.S.A. Rise—to
will actually prolong our economic cri- economy. It included direct payments bring back our thriving economy. The
sis and the time needed for recovery. to American families, grants to hos- four pillars of the plan are Made in the
This is not the time for half measures. pitals, and the Paycheck Protection U.S.A., Grown in the U.S.A., Hiring in
This is the time to act at the scale that Program—forgivable loans to small the U.S.A., and Families in the U.S.A.
the crisis demands. businesses to keep their employees on I started to introduce legislative pro-
The Federal Government needs to be the payroll. The program was so suc- posals based on this four-pillar frame-
providing a robust, accurately tailored cessful that a month later, Congress work that incentivize companies to in-
response to this crisis by funding our approved the additional $310 billion for vest in America, to grow jobs, and to
State and local governments in a way PPP loans, $75 billion for hospitals, and help families.
that prioritizes those areas that have $25 billion for testing. I would like to highlight one of those
been hit the hardest. The SMART Act Georgia hospitals have received over pillars today, Families in the U.S.A.
does exactly that. It is a bipartisan $1.7 billion, including at least $328 mil- First, we mourn the loss of those to
bill. It is thoughtful. It is tailored nar- lion for our rural businesses under the COVID–19. The toll of this has dev-
rowly to fit this crisis. CARES Act. astated thousands of families. It is also
The SMART Act is a commonsense I worked to include provisions in the clear that with economic damage
approach that will make sure that the CARES Act to expand rural health and comes societal damage. Our country
help is going to where it is needed telehealth program. Our State has re- needed to take dramatic actions to
most—to our hardest hit communities ceived more than $800,000 from these flatten the curve, but those steps
and States—and to help ensure that programs. They are helping Georgians meant most Americans were confined
those workers whom we hail with our across our State stay connected with to their homes. This meant work from
dlhill on DSK120RN23PROD with SENATE
words—firefighters, police officers, and their doctors from the safety of their home, school from home, but also, in
teachers—we support with our actions, own homes. too many instances, lost jobs, isola-
as well, for they are out there right In addition, our State and local gov- tion, depression, suicide, and domestic,
now supporting us. ernments have received $5.8 billion to substance, and child abuse.
No State should go bankrupt fighting help schools adjust to online learning, It is timely that May is Mental
this virus, because of this virus. No to provide assistance for those who lost Health Awareness Month. In a recent
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