February 13, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E281 HONORING THE LIFE AND PUBLIC crowd of 40,000 people and depicts the Six- chase From People Who Are Blind or Se- SERVICE OF ALFRED SAN NICO- teenth President as Commander in Chief re- verely Disabled, with much assistance from LAS FLORES viewing the Union Army. This statue is a val- National Industries for the Blind (NIB) and ued part of the landscape of Spokane and NISH, which serves people with a wide range HON. MADELEINE Z. BORDALLO acts as a steady reminder of the trials our of disabilities. More than 650 local nonprofit OF GUAM country has faced and our ability to overcome agencies associated with NIB and NISH em- IN THE HOUSE OF REPRESENTATIVES them. ploy people who are blind or disabled to As part of their long and continuing efforts produce the quality products and offer the Friday, February 13, 2009 to preserve and celebrate our history, the Es- services authorized for sale to the federal gov- Ms. BORDALLO. Madam Speaker, I rise ther Reed Chapter of Daughters of the Amer- ernment under the ABILITYONE Program. today to honor the life and service of Alfred ican Revolution has organized a week long The ABILITYONE Program is a great illus- San Nicolas Flores, a former Guam Senator celebration to honor this great man. The cele- tration of a successful partnership that has the who passed away on February 6, 2009 at the brations will include several lectures by promi- ability to continuously grow with the changing age of 93. Alfred, known as ‘‘Davy Crockett’’ nent Lincoln historians, a concert, and an on- procurement environment within the federal to family and friends, was devoted to his com- going art show featuring Lincoln-related works. government. This is a Program that works for munity and will be remembered for his public Madam Speaker, I believe the dedication America. service and his love of farming. shown by the Daughters of the American Rev- f Born on June 20, 1916 to Jose Duenas Flo- olution and their ongoing efforts to celebrate res and Rafaela San Nicolas, Alfred was our leaders and history is worthy of recogni- PERSONAL EXPLANATION raised by his step-mother Margarita Flores in tion before this body. I invite my fellow mem- the village of Inarajan. He became a bers in joining with me to honor a past presi- HON. Lancheru, or ‘‘rancher,’’ farming his family’s dent’s birthday and the efforts by the Daugh- OF land and raising cattle. He later established ters of the American Revolution to observe it. IN THE HOUSE OF REPRESENTATIVES the Flores Poultry Farm which became a f Friday, February 13, 2009 major supplier of fresh eggs to Guam’s civilian and military communities. ABILITYONE, FORMERLY JAVITS- Ms. WASSERMAN SCHULTZ. Madam Alfred entered public service, first as an As- WAGNER-O’DAY, PROGRAM Speaker, on Tuesday, February 10, 2009, I semblyman in the Guam Congress, and later missed Rollcall Vote 55, Supporting the goals as a six term Senator in the Guam Legisla- HON. and ideals of National Girls and Women in ture. He promoted agriculture by establishing OF Sports Day, because I was attending to official a special water rate for farmers and estab- IN THE HOUSE OF REPRESENTATIVES events in my home state of Florida. If present, I would have voted ‘‘aye.’’ lishing a crop insurance program. He also au- Friday, February 13, 2009 thored legislation to create low and moderate f income housing subdivisions. In 1976 he was Ms. FOXX. Mr. Speaker, for the past 70 RECOGNIZING THE LIFE AND elected to the office of Commissioner (Mayor) years the AbilityOne formerly Javits-Wagner- SERVICE OF MONIQUE YVE’TTE of Inarajan. Senator Flores was a founding O’Day (ABILITYONE) Program has empow- PORTUSACH-CEPEDA member of the and ered Americans who are blind or severely dis- he was known for his fiery campaign speech- abled by providing them with a diverse set of es. employment opportunities. Today over 40,000 HON. MADELEINE Z. BORDALLO Alfred Flores served on the Selective Serv- disabled Americans are realizing their potential OF GUAM ice Board, the Guam Housing and Urban Re- by working in their local communities across IN THE HOUSE OF REPRESENTATIVES the country under this program. These Ameri- newal Authority Board of Directors, the Guam Friday, February 13, 2009 Farmers Cooperative Association, and the Soil cans are proud to provide federal and military and Water Conservation District. He was ac- customers with a wide array of SKILCRAFT Ms. BORDALLO. Madam Speaker, I rise tive in his village church, St. Joseph’s Parish and other ABILITYONE products and services. today to recognize and honor the life and in Inarajan. He also mentored young men by The ABILITYONE Program prides itself on de- service of Monique Portusach-Cepeda, a dedi- volunteering with the Boy Scouts of America. livering high quality products and services at a cated community leader who continually gave Senator Alfred Flores was a dedicated pub- competitive price in the most convenient way back to the people of Guam. Monique passed lic servant who made many lasting contribu- possible. away on January 3, 2009 after a battle with tions to our community. He was recognized Some of the product categories offered by cancer. She is survived by her husband, Na- later in life as a Master Lancheru for his con- the ABILITYONE program include office sup- thaniel Fejeran Ulloa, her mother Frances tributions to preserving traditional farming. My plies, military specific, safety, maintenance, re- Portusach Hudgens, and her father Anthony heartfelt condolences are with his wife Ester, pair, medical-surgical, janitorial-sanitation, and Calvo Cepeda. their children Lucille, May, Fred, and Roy and customization. The services that are provided Monique graduated from George Wash- his extended family and friends. He will be to the federal and military customer include ington High School as valedictorian in 1996. dearly missed. but aren’t limited to call center and switch- Monique enrolled in Brown University in Provi- board operation, military base and federal of- dence, Rhode Island and in 2001 graduated f fice building supply centers, CD-Rom duplica- with a degree in American Civilization and Bio- DAUGHTERS OF THE AMERICAN tion-replication, data entry, document imaging Medical Community Health. While at Brown REVOLUTION CELEBRATE LIN- and grounds care. I rise today in support of University, Monique was awarded the Presi- COLN’S 200TH BIRTHDAY the AbilityOne Program and the opportunities dent Harry S. Truman Fellowship before con- it provides for an underemployed population of tinuing her education at Harvard University. In HON. CATHY McMORRIS RODGERS hard working Americans. Furthermore, I urge 2002, Monique graduated from Harvard Uni- OF my colleagues to purchase SKILCRAFT and versity with a Master’s Degree in Public Pol- IN THE HOUSE OF REPRESENTATIVES ABILITYONE products from the House-Senate icy. Monique was also selected as a Presi- Stationary stores not only because of their dential Management Fellow, a program for in- Friday, February 13, 2009 quality and value, but also because of the so- dividuals dedicated to promoting sound policy Mrs. MCMORRIS RODGERS. Madam cioeconomic benefits that can come from sup- and programming in government agencies. Speaker, I rise today to recognize the efforts porting the program. By purchasing these Monique worked with the Social Security of the Esther Reed Chapter of the Daughters products and using these services we are en- Administration on Guam as a Federal Dis- of the American Revolution. In honor of the abling more disabled Americans to have the ability Examiner where she helped residents of 200th anniversary of the birthday our Six- opportunity to become taxpayers. Guam, the Commonwealth of the Northern teenth President these women will conduct a Today in Winston Salem, North Carolina Mariana Islands, and American Samoa wreath laying ceremony at the base of a stat- 156 blind Americans are employed under the through the disability claims process. She con- ue of President Lincoln in downtown Spokane, ABILITYONE Program and are producing high tinued to give back to her community through WA. quality items or services for us. The participation in organizations such as Youth This 12-foot bronze statue was dedicated in ABILITYONE Program is administered by the for Youth, Democrats for a Better America, Spokane on November 11, 1930 before a Presidentially-appointed Committee for Pur- and Young Government Leaders. Monique

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was also a representative for the friend RICK BOUCHER of Virginia to introduce the changing nature of our economy by ex- area to the Pacific Asian Advisory Council. this legislation in order to provide a ‘‘bright panding the scope of the protections in P.L. My prayers are with Monique’s family and line’’ test to clarify state and local authority to 86–272 from just tangible personal property to friends whose hearts she so deeply touched. collect business activity taxes from out-of-state include intangible property and services. Her contributions towards our island commu- entities. In addition, our legislation sets forth clear, nity will be remembered and honored always. Many states and some local governments specific standards to govern when businesses f levy corporate income, franchise and other should be obliged to pay business activity taxes on out-of-state companies that conduct taxes to a state. Specifically, the legislation HONORING COACH GENE business activities within their jurisdictions. establishes a ‘‘physical presence’’ test such PINGATORE OF ST. JOSEPH HIGH While providing revenue for states, these that an out-of-state company must have a SCHOOL ON HIS RECORD-BREAK- taxes also serve to pay for the privilege of physical presence in a state before the state ING 827TH WIN IN ILLINOIS doing business in a state. can impose corporate net income taxes and However, with the growth of the Internet, other types of business activity taxes. HON. DANIEL LIPINSKI companies are increasingly able to conduct In our current, challenging economic times, OF ILLINOIS transactions without the constraint of geo- it is especially important to eliminate artificial, IN THE HOUSE OF REPRESENTATIVES political boundaries. The growth of the high government-imposed barriers to small busi- tech industry and interstate business-to-busi- nesses. Small businesses are crucial to our Friday, February 13, 2009 ness and business-to-consumer transactions economy and account for a significant majority Mr. LIPINSKI. Madam Speaker, I rise today raises questions over where multi-state com- of new product ideas and innovation. Small to honor Coach Gene Pingatore for his out- panies should be required to pay corporate in- businesses are also central to the American and inspirational career as head come and other business activity taxes. dream of self-improvement and individual coach of the St. Joseph High School boys Over the past several years, a growing achievement, which is why it is so vital that basketball team in Westchester, Illinois, as number of jurisdictions have sought to collect Congress enact legislation that reduces the well as to recognize his achievement as the business activity taxes from businesses lo- tax burdens that hinder small businesses and all-time winningest boy’s basketball coach in cated in other states, even though those busi- ultimately overall economic growth and job Illinois high school history. nesses receive no appreciable benefits from creation. Always considered one of the most fabled the taxing jurisdiction and even though the Su- Unfortunately, small businesses are often coaches in the storied history of Illinois bas- preme Court has ruled that the Constitution the hardest hit when aggressive states and lo- ketball, Coach Pingatore’s legacy reached a prohibits a state from imposing taxes on busi- calities impose excessive tax burdens on out- new level on January 16th, 2009 when his St. nesses that lack substantial connections to the of-state companies. These businesses do not Joseph’s squad faced Carmel Catholic High state. This has led to unfairness and uncer- have the resources to hire the teams of law- School. Their 49–26 victory gave Pingatore his tainty, generated contentious, widespread liti- yers that many large corporations devote to record-breaking 827th win as a head basket- gation, and hindered business expansion, as tax compliance, and they are more likely to ball coach in Illinois. businesses shy away from expanding their halt expansion to avoid uncertain tax obliga- What especially sets Gene Pingatore apart, presence in other states for fear of exposure tions and litigation expenses. however, is not his incredible record but rather to unfair tax burdens. The clarity that the Business Activity Tax his winning philosophy and his perseverance. In order for businesses to continue to be- Simplification Act will bring will ensure fair- His legendary program was not built overnight. come more efficient and expand the scope of ness, minimize litigation, and create the kind In 1969–1970, Pingatore only managed three their goods and services, it is imperative that of legally certain and stable business climate wins in his first season as a coach. The next clear and easily navigable rules be set forth that frees up funds for small businesses to year St. Joseph’s managed seven wins, and regarding when an out-of-state business is make investments, expand interstate com- Coach Pingatore only enjoyed 3 winning sea- obliged to pay business activity taxes to a merce, grow the economy and create new sons in his first 7 seasons. Coming through state. Otherwise, the confusion surrounding jobs. that difficult stretch, however, Pingatore’s work these taxes will have a chilling effect on e- At the same time, this legislation will protect ethic and undeniable coaching ability spawned commerce, interstate commerce generally, the ability of states to ensure that they are a dynasty. Since 1976, St. Joseph’s has only and the entire economy as tax burdens, com- fairly compensated when they provide services suffered once losing season. pliance costs, litigation, and uncertainty esca- to businesses that do have physical presences Only two other coaches in Illinois men’s late. in the state. basketball history have passed the elusive 800 Previous actions by the Supreme Court and I urge my colleagues to support this impor- win barrier. Even before setting the all-time Congress have laid the groundwork for a tant legislation. wins mark, Pingatore’s outstanding accom- clear, concise and modern ‘‘bright line’’ rule in f plishments were recognized by the East Sub- this area. In the landmark case of Quill Corp. IN RECOGNITION OF SHERIFF urban Catholic Conference as they made him v. North Dakota, the Supreme Court declared MARGARET MIMS AND SUPER- a member of their inaugural Hall of Fame that a state cannot impose a tax on an out-of- VISOR JUDY CASE class in 2006. state business unless that business has a Madam Speaker, I rise to honor Gene ‘‘substantial nexus’’ with the taxing state. How- HON. Pingatore for the positive role model that he is ever, the Court did not define what constituted OF CALIFORNIA a ‘‘substantial nexus’’ for purposes of imposing to the young men of St. Joseph High School IN THE HOUSE OF REPRESENTATIVES and for his continuing commitment to excel- business activity taxes. lence from his players, both on and off the In addition, fifty years ago, Congress Friday, February 13, 2009 court. As the Representative of the 3rd District passed legislation to prohibit jurisdictions from Mr. COSTA. Madam Speaker, I rise today to of Illinois, I would like to say that we are proud taxing the income of out-of-state corporations recognize Fresno County Sheriff Margaret to be home to the state’s winningest coach, in whose in-state presence was nominal. Public Mims and County Supervisor Judy Case for every sense of the word. Law 86–272 set clear, uniform standards for their heroic actions taken on Wednesday Feb- f when states could and could not impose such ruary 11, 2009, to save the life of a heart at- taxes on out-of-state businesses when the tack victim in the Capitol South Metro stop. THE INTRODUCTION OF THE businesses’ activities involved the solicitation When Sheriff Mims and Supervisor Case ‘‘BUSINESS ACTIVITY TAX SIM- of orders for sales. However, like the economy came upon the victim who had collapsed on PLIFICATION ACT’’ of its time, the scope of Public Law 86–272 the floor of the Metro station, they immediately was limited to tangible personal property. Our leapt into action by organizing an emergency HON. BOB GOODLATTE nation’s economy has changed dramatically response from the surrounding onlookers. OF VIRGINIA over the past fifty years, and this outdated Sheriff Mims who is trained in first aid and Su- IN THE HOUSE OF REPRESENTATIVES statute needs to be modernized. pervisor Chase, a registered nurse, then The Business Activity Tax Simplification Act began giving chest compressions and breaths Friday, February 13, 2009 of 2008 both modernizes and provides clarity to the victim for fifteen minutes until para- Mr. GOODLATTE. Madam Speaker, I rise to an outdated and ambiguous tax environ- medics arrived. Their heroic efforts were cap- today in strong support of the Business Activ- ment. First, the legislation updates the protec- tured by Fresno news stations as well as The ity Tax Simplification Act. I joined my good tions in P.L. 86–272. This legislation reflects Fresno Bee and McClatchy newspapers.

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