June 24, 1999 EXTENSIONS OF REMARKS 14357 SEC. 2. UNSOLICITED LOAN CHECKS PROHIB- IN HONOR OF RICHARD W. POGUE ard Oil Company of Indiana, now Amoco Oil ITED. Company. (a) IN GENERAL.—Chapter 2 of the Con- But for the past 22 years he has rep- sumer Credit Protection Act (15 U.S.C. 1631 HON. DENNIS J. KUCINICH OF OHIO resented the state departments of transpor- et seq.) is amended by adding at the end the tation through a period of tremendous change, IN THE HOUSE OF REPRESENTATIVES following new section: as the construction of the Interstate system ‘‘SEC. 140. SOLICITATIONS FOR CONSUMER Thursday, June 24, 1999 was completed, as the focus of federal trans- LOANS. Mr. KUCINICH. Mr. Speaker, I rise today to portation interests broadened, and as the ‘‘(a) ‘LIVE’ LOAN CHECKS PROHIBITED.—No honor Richard W. Pogue for his outstanding world became increasingly dependent on the consumer credit which is otherwise subject dedication and contribution to public service in economic lifeline transportation provides. to this title may be extended by any creditor Greater Cleveland. Today, Richard joins a se- He has guided AASHTO through five reau- through the use of a check or other nego- lect group of individuals by being saluted with thorizations of the federal-aid highway and tiable instrument which has been sent by the transit program, through 22 years of transpor- creditor to the consumer in connection with the ‘‘In Tribute to the Public Service’’ Award. a solicitation by the creditor for such exten- Mr. Pogue is a native of Cambridge, Massa- tation appropriations bills, through the des- sion of credit, unless the consumer has sub- chusetts and received a BA from Cornell Uni- ignation of the National Highway System and mitted an application for, or otherwise re- versity and a JD from the University of Michi- a host of other transportation legislation. He quested, such extension of credit before re- gan. Over the years, Pogue has used his ex- has always worked closely and fairly with the ceiving the check or instrument. pertise and time in a variety of ways. He has state departments of transportation, the con- ‘‘(b) CONSUMER NOT LIABLE.—If any cred- been actively involved in the business, edu- struction and contracting industries, the Na- itor includes a check or other negotiable in- cation, social services, nonprofit and cultural tional Governors’ Association and numerous strument in a solicitation to a consumer for sectors of our Cleveland community. other organizations representing state and an extension of credit sent by a creditor to a Pogue has served in a wide array of organi- local government interests. consumer in violation of subsection (a)— zations, including The Cleveland Foundation, And in all those years, from the first time I ‘‘(1) the consumer shall not be liable for University Hospitals Health System, the Great- ever met Billy, he has been a true model of in- the amount of any such check or other nego- er Roundtable, Cleveland Institute of Music, tegrity, honesty, courtesy and compassion. tiable instrument; and Cleveland Bicentennial Commission (Co- Billy has decided to retire from his full-time du- ‘‘(2) no information on any liability of the chair), and the 1989 Untied Way Cleveland ties at AASHTO, but fortunately for those of us consumer alleged by the creditor to have Campaign, which raised about $52,000,000. In in Congress who’ve had the pleasure to work been established through such check or other with him on so many transportation matters, negotiable instrument may be reported to or addition, he is the principal organizer of an in- received by any credit agency (as defined in novative organization: the Northeast Ohio Re- he intends to continue to keep his hand in the section 603 of the Fair Credit Reporting Act) gional Business Coalition. As if this was not legislative process on a part-time basis as a or included in any consumer credit report enough, he currently serves as a Director of consultant with AASHTO on governmental af- under such Act. Continental Airlines, Inc. (Houston), Derlan In- fairs. ‘‘(c) REGULATIONS.— dustries Limited (Toronto), M.A. Hanna Com- I was honored to be asked to speak at a re- ception for Billy on Capitol Hill this past Tues- ‘‘(1) REGULATIONS REQUIRED.— pany, IT Group, Inc. (Pittsburgh), KeyCorp, LAI Worldwide Inc. (New York City), Rotek in- day evening, June 22. One of the most im- ‘‘(A) IN GENERAL.—Before the end of the 6- corporated (Aurora) and TRW Inc. pressive things about that event was that month period beginning on the date of the Billy’s family was there, too. Billy’s greatest joy enactment of the Unsolicited Loan Check Mr. Pogue’s commitment and dedication has Consumer Protection Act of 1999, the Board not gone unnoticed. Pogue is also recipient of is his family He and his wife Nancy have been shall prescribe final regulations to imple- the ‘‘Humanitarian Award’’ from the National married for 45 years and have raised a won- ment the requirements of this section. Conference of Christians and Jews, the ‘‘Ex- derful family including three sons and a ‘‘(B) MODIFICATIONS.—The Board shall mod- cellence in Philanthropy Award’’ from the Ohio daughter, all of whom are married, with their ify and clarify any regulation prescribed Council of Fund Raising Executives, ‘‘Eco- own children, a total of 10 grandchildren for under subparagraph (A) whenever the Board nomic Development Leadership Award’’ from Billy and Nancy. His oldest or ‘‘number one’’ determines such action to be necessary to the Council for Urban Economic Development, son, as Billy calls him, is Craig Higgins, with prevent any circumvention of the require- and ‘‘Man of the Year’’ by Plymouth Church of his wife Wendy and their two children Kristen ments of this section or to facilitate compli- Shaker Heights, just to name a few. and Keith. Next in order is his son Duane Hig- ance with such requirements. My fellow colleagues, join me in saluting gins, his wife Cynthia and their four children, ‘‘(2) LIMITATIONS ON ‘LOOK-ALIKE’ CHECKS.— Richard W. Pogue for his continual commit- Lauren, Michael, Danielle and Samantha. ‘‘(A) REGULATIONS AUTHORIZED.—The Board ment to our community. He is a renowned cit- Then there is daughter Marcy, with her hus- may, if the Board finds that such action is izen of Cleveland and I am pleased to recog- band Bill Davis and their two children, Carter necessary to prevent confusion by con- nize his accomplishments. and Paige. His youngest son is Ron Higgins, sumers, prescribe regulations setting forth f with his wife Amy and their two children Re- guidelines for the use, in a solicitation for an becca and Tim. extension of credit, of certificates, vouchers, IN TRIBUTE TO BILLY K. HIGGINS I would like to share my prepared remarks or other non-negotiable instruments that are intended to have the appearance of a check at the reception for Billy Higgins and urge all or other negotiable instrument, but which do HON. FRANK R. WOLF our colleagues who have had the chance to not violate subsection (a) of this section. OF VIRGINIA work with Billy to take the opportunity to wish ‘‘(B) DISCLOSURES AND OTHER REQUIRE- IN THE HOUSE OF REPRESENTATIVES him well. MENTS.—Any regulation prescribed under IN TRIBUTE TO BILLY HIGGINS Thursday, June 24, 1999 subparagraph (A) shall include such disclo- Many of you may not know that Billy and I sures and modifications relating to the ap- Mr. WOLF. Mr. Speaker, I want to pay trib- go way back in Washington, all the way back pearance and use of certificates, vouchers, or ute today to a gentleman I met in my early to the 1970’s—when our hair was much dark- other non-negotiable instruments in a solici- days in Washington in the 1970’s at the De- er! We worked together at the Department of tation for an extension of credit as the Board partment of the Interior, and whose path I determines necessary or appropriate.’’. the Interior. Billy was at the Bureau of Mines again crossed when I came to Congress. and I was with Secretary Rogers C.B. (b) CLERICAL AMENDMENT.—The table of Billy K. Higgins has worked for more than Morton’s office. sections for chapter 2 of the Consumer Credit 25 years to advance our nation’s transpor- Protection Act is amended by adding at the It was easy to strike up a friendship with end the following new item: tation system, first as a congressional liaison Billy because he was such a genuinely nice ‘‘140. Solicitations for consumer loans.’’. officer for the Federal Highway Administration, guy. In describing him, words immediately and since 1977 as the governmental relations (c) SCOPE OF APPLICATION.—The require- come to mind such as fair, honest, trust- ments of this Act and the amendments made director of the American Association of State worthy, principled, hard-working, highest moral by this Act shall apply to solicitations for Highway and Transportation Officials standards, a man of character. extensions of credit made to consumers after (AASHTO). He has also worked for the Re- The first time we met, too, I saw in Billy a the date of enactment of this Act. publican National Committee, and the Stand- quality that hasn’t wavered one millimeter over

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