[Pages S13798-S13802]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mrs. BOXER:
S. 1846. A bill to redesignate the Federal building located at 10301
South Compton Avenue, in Los Angeles, California, and known as the
Watts Finance Office, as the ``Augustus F. Hawkins Post Office
Building''; to the Committee on Governmental Affairs.

Redesignation of the Watts Finance Office Building as The Augustus F.
Hawkins Post Office Building

<bullet> Mrs. BOXER. Mr. President, today, I am introducing legislation
to pay tribute to a former colleague of mine and a fellow Californian,
former Congressman Augustus F. Hawkins, by renaming the Federal
building located at 10301 South Compton Avenue, in Los Angeles,
California, currently known as the Watts Finance Office, as the
Augustus F. Hawkins Post Office Building.
Gus Hawkins was born in Shreveport, Louisiana in 1907. His family
moved to Los Angeles when he was 11 to escape the racial discrimination
that was prevalent in the South at that time. This experience made him
a passionate advocate of racial justice and social equality, and he
committed his life to the service of others.
His efforts began in the California Assembly where he passed the
state's first law against discrimination in housing and employment.
Building on that success, he passed other important legislation
concerning minimum wages for women, child care centers, workers'
compensation for domestic employees, and the removal of racial
designations on state documents.
In 1962, Gus was elected to the United States House of
Representatives. During his 28 years in office, he served on the
Committee on House Administration, and served as Chairman for both the
Joint Committee on Printing and the Committee on Education and Labor.
He authored more than 17 federal laws dealing with civil rights,
educational improvements, job training and employment opportunities. He
fought tirelessly for the rights of children, the poor, the disabled,
the elderly, and minorities.
Throughout his distinguished career, Gus was recognized as a
hardworking man of integrity who cared little for personal accolades
while concentrating on the issues affecting his constituents. He has
continually pursued fairness and opportunity for all.
Designating the Watts Finance Office Building as the Augustus F.
Hawkins Post Office Building is an honor befitting his 56 years of
service to his community and to the State of California.<bullet>
______

By Mrs. BOXER:
S. 1847. A bill to redesignate the Federal building located at 701
South Sante Fe Avenue in Compton, California, and known as the Compton
Main Post Office, as the ``Mervyn Malcolm Dymally Post Office
Building''; to the Committee on Governmental Affairs.

[[Page S13799]]

Redesignation of the Compton Main Post Office as the Mervyn Dymally
Post Office Building

<bullet> Mrs. BOXER. Mr. President, today, I am introducing legislation
to pay tribute to a former colleague of mine and a fellow Californian,
former Congressman Mervyn Malcolm Dymally, by renaming the post office
located at 701 South Santa Fe Avenue in Compton, California, currently
known as the Compton Main Post Office, as the Mervyn Dymally Post
Office Building.
Mr. Dymally came to this country in 1945 from Cedros, Trinidad,
British West Indies. In 1960, he began his political career by working
as a field coordinator for John F. Kennedy during the Presidential
campaign. Mr. Dymally's own service as an elected official began when
he was elected to the California State Assembly in 1963 and then to the
State Senate in 1967, where he served for eight years. Next, he was
elected Lieutenant Governor of the State of California and was the
State's highest ranking black elected official.
Building on a career of political success, Mervyn Dymally was elected
to the United States House of Representatives in 1981. During his six
terms in office, he served on several committees, including the Post
Office and Civil Service Committee; the Committee on the District of
Columbia, where he chaired its Subcommittee on Judiciary and Education;
and the House Committee on Foreign Affairs, where he was the Chair of
the Subcommittee on International Operations.
As the Chairman of the Subcommittee on Africa, Mr. Dymally's passion
became immediately evident when he visited 20 African countries in his
first year. He worked tirelessly to raise awareness of the plight of
Africans and to monitor U.S. assistance levels to African and Caribbean
nations. Throughout his distinguished career, he was recognized for his
leadership in humanitarian efforts.
Since retirement from Congress in 1992, Mr. Dymally is busier than
ever. He serves as President of the Grace Home for Waiting Children and
as Chairman of the Caribbean Action Lobby. In addition, he is the
President of a consulting firm and a Professor at the Central State
University in Ohio. He still travels frequently, serving as Honorary
Consul to the Republic of Benin, West Africa and Vice President of the
Pacific Century Institute.
Designating the Compton Main Post Office as the Mervyn Dymally Post
Office Building is an honor befitting his service to his community and
to the State of California.
Mr. President, I ask that the text of the bill be printed in the
Record.
The bill follows:

S. 1847

Be it enacted by the Senate and House of Representative of
the United States of America in Congress assembled,

SECTION 1. REDESIGNATION.

The Federal building located at 701 South Santa Fe Avenue
in Compton, California, and known as the Compton Main Post
Office, shall be known and designated as the ``Mervyn Malcolm
Dymally Post Office Building''.

SEC. 2. REFERENCES.

Any reference document, paper, or other record of the
United States to the Federal building referred to in section
1 shall be deemed to be a reference to the Mervyn Malcolm
Dymally Post Office Building.
______

By Mr. CAMPBELL:
S. 1848. A bill to amend the Reclamation Wastewater and Groundwater
Study and Facilities Act to authorize the Secretary of the Interior to
participate in the design, planning, and construction of the Denver
Water Reuse project; to the Committee on Energy and Natural Resources.

The Denver Water Reuse Project Authorization

Mr. CAMPBELL. Mr. President, I take the time today to reintroduce a
bill that will help millions of water consumers throughout my state.
This bill is based on S. 2140, legislation I introduced last year,
which passed out of the full Senate.
The Denver Water Department has developed a unique plan to re-use
non-potable water for irrigation and industrial uses. In the arid West,
where growing populations and changing values are place increasing
demands on existing water supplies, water and availability remain
important issues. Recent conflicts are particularly apparent in the
West where agricultural needs for water are often in direct conflict
with urban needs. This legislation will help remedy some of this
conflict.
This bill authorizes the Denver Water Department to access federal
funds to assist in the implementation of this plan. The State of
Colorado, the Colorado Water Congress, the Denver Board of Water
Commissioners, and the Mayor of Denver have fully endorsed this
legislation. I am pleased to assist these interested parties with this
worthwhile proposal.
The Denver Water Department serves over a million customers and is
the largest water supplier in the Rocky Mountain region. Over the past
several years Denver Water has developed a plan to treat and re-use
some of its water supply for uses not involving human consumption, such
as irrigation and industrial purposes. In this manner, Denver will
stretch its water supply without the cost and potential environmental
disruption of building new reservoirs. It will also ease the demand on
fresh drinking-quality water supplies.
The Denver Nonpotable Reuse Project will treat secondary wastewater,
that is water which has already been used once in Denver's system. It
is an environmentally and economically viable method for extending and
conserving our limited water supplies. The water quality will meet all
Colorado and federal standards. The water will still be clean and
odorless, but since it will be used for irrigation and industrial uses
around the Denver International Airport and the Rocky Mountain Wildlife
Refuge, the additional expense to treat it for drinking will be
avoided.
The nonpotable project will be constructed in three phases and
ultimately will result in an additional useable water supply of 15,000
acre feet. The use of the nonpotable water for irrigation and
industrial customers will make potable water supplies available for up
to 30,000 homes.
Construction will include a treatment plant and a distribution system
that is separate from the potable water system. Phase I will serve
customers in the vicinity of the reuse plant, including a Public
Service Company power plant, other industrial users and other public
areas. Phase II will add irrigation for parks and golf courses in the
former Stapleton Airport and the recently closed Lowry Air Force Base
redevelopment areas. The Rocky Mountain Arsenal, which is being
converted to a national wildlife refuge, will also use the reuse water
to maintain lake levels on-site and to provide water for wildlife
habitats. Phase III will serve existing parks as well as new
development of a commercial corridor leading to the Denver
International Airport. With the construction of Phase II, the
irrigation, heating and cooling, and car washing facilities at Denver
International Airport will convert to reuse water, where a dual
distribution system has already been installed.
In the West, naturally scarce water supplies and increasing urban
populations have furthered our need for water reuse, recycling,
conservation, and storage proposals which are the keys to successfully
meet the water needs of everyone. This plan would benefit many
Coloradans, and would help relieve many of the water burdens faced in
the Denver region. Again, I'd like to thank the interested parties for
their support, and I am hopeful this bill can be quickly passed and put
into effect.
I ask unanimous consent that the bill and copies of letters of
support from the Colorado Department of Natural Resources, the Colorado
Water Congress, the Denver Board of Water Commissioners, and the Mayor
of Denver be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

S. 1848

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. DENVER WATER REUSE PROJECT.

(a) In General.--The Reclamation Wastewater and Groundwater
Study and Facilities Act (43 U.S.C. 390h et seq.) is
amended--
(1) by redesignating sections 1631, 1632, 1633, and 1634
(43 U.S.C. 390h-13, 390h-14, 390h-15, 390h-16) as sections
1632, 1633, 1634, and 1635, respectively; and
(2) by inserting after section 1630 the following:

``SEC. 1631. DENVER WATER REUSE PROJECT.

``(a) Authorization.--The Secretary, in cooperation with
the appropriate State and

[[Page S13800]]

local authorities, may participate in the design, planning,
and construction of the Denver Water Reuse project to reclaim
and reuse water in the service area of the Denver Water
Department of the city and county of Denver, Colorado.
``(b) Cost Share.--The Federal share of the cost of the
project described in subsection (a) shall not exceed 25
percent of the total cost.
``(c) Limitation.--Funds provided by the Secretary shall
not be used for the operation or maintenance of the project
described in subsection (a).''.
(b) Conforming Amendments.--
(1) The Reclamation Wastewater and Groundwater Study and
Facilities Act (as amended by subsection (a)(1)) is amended--
(A) in section 1632(a), by striking ``1630'' and inserting
``1631'';
(B) in section 1633(c), by striking ``section 1633'' and
inserting ``section 1634''; and
(C) in section 1634, by striking ``section 1632'' and
inserting ``section 1633''.
(2) The table of contents in section 2 of the Reclamation
Projects Authorization and Adjustment Act of 1992 is amended
by striking the items relating to sections 1631 through 1634
and inserting the following:

``Sec. 1631. Denver water reuse project.
``Sec. 1632. Authorization of appropriations.
``Sec. 1633. Groundwater study.
``Sec. 1634. Authorization of appropriations.
``Sec. 1635. Willow Lake natural treatment system project.''.
____

Office of the Executive Director,

Department of Natural Resources,

Denver, CO, November 1, 1999.
Hon. Ben Nighthorse Campbell,
U.S. Senate,
Washington, DC.
Dear Senator Campbell: I am writing to support the
inclusion of the Denver Water Nonpotable Reuse Project on the
Title XVI authorizing list. Inclusion of this project
recognizes the importance of creative procedures to meet
future water needs for metropolitan Denver. As it becomes
more and more difficult to provide water supplies for a
rapidly growing metropolitan area, innovative projects such
as reuse and conjunctive use must supplant existing capacity.
Denver Water's reuse plant will produce over 1,000 acre feet
of usable water supply by treatment of effluent for
industrial and irrigation purposes. The reuse water will be
treated to attain important public health standards even for
those limited purposes.
Resuse of water is valuable not only for Denver, but for
other areas of Colorado. Reuse of water will delay the need
to develop new water supplies from other water sources. This
project has wide-spread support in Colorado. Your efforts to
see Denver Water's Nonpotable Reuse Project listed as a
Bureau of Reclamation approved project are appreciated. Thank
you for your consideration.
Sincerely,
Greg Walcher,
Executive Director.
____

Colorado Water Congress,

Denver, CO, October 25, 1999.
Hon. Ben Nighthorse Campbell,
U.S. Senate,
Washington, DC.
Dear Senator Campbell: As you well know, the chronic water
shortages in Colorado have forced Colorado Water supply
agencies to develop water in new and ingenious ways. One of
the best water projects being planned is Denver Water's
Nonpotable Reuse Project that will take water already used,
treat it and deliver it for industrial and irrigation supply.
This project will supply about 15% of Denver's anticipated
water shortfall without building a new reservoir, without
tremendous federal compliance costs, and without a new
transbasin diversion.
The Water Congress has members throughout the state of
Colorado; and I know of no opposition to this project. I
understand you are trying to get the project listed pursuant
to Title XVI of the Bureau of Reclamation approved reuse
projects list. You have the support of the Colorado Water
Congress. Thank you for your consideration in this endeavor.
Sincerely,
Richard D. MacRavey,
Executive Director.
____

Denver Board of

Water Commissioners,

Denver, CO, October 27, 1999.
Hon. Ben Nighthorse Campbell,
U.S. Senate,
Washington, DC.
Dear Senator Campbell: I appreciate your support and
sponsorship of the bill that adds the Denver Nonpotable Reuse
Project to Public Law 102-575 Title XVI, the U.S. Bureau of
Reclamation's authorized list. This project allows us to
conserve potable water sources and helps us to defer
importation of water from the Western Slope. As I think you
know, we are only seeking authorization, not federal funding,
for the Denver Reuse Project.
We are planning a project that will provide over 15,000
acre-feet of nonpotable supply. That, in turn, frees up
enough treated water supply to provide for some 30,000 homes.
It represents a substantial portion of the supply that will
be needed for future demand in the Denver Water system as an
expanding population strains our limited water resources. By
reclaiming wastewater for irrigation and industrial use, we
can serve growth in a way that is environmentally responsible
and economic.
Please feel free to call upon us should you need further
information or assistance.
Sincerely,
H.J. Barry,
Manager.
____

City and County of Denver,

City and County Building,

Denver, CO, November 2, 1999.
Hon. Ben Nighthorse Campbell,
U.S. Senator,
Washington, DC.
Dear Senator Campbell: Once again, I want to express my
appreciation for your support of legislation adding the
Denver Water Non-potable Reuse Project to the Bureau of
Reclamation's approved projects list.
We are proud to include non-potable reuse, coupled with
water conservation and system refinements, as core components
of the Denver Water 20-year plan. We certainly acknowledge
the importance and value of our limited water resources
throughout Colorado. Reuse efforts allow us to reduce or
minimize the Denver metro area's demands on limited Colorado
River sources.
Once again, thank you for your support.
Yours truly,
Wellington, E. Webb,
Mayor.
______

By Mr. BIDEN (for himself and Mr. Roth):
S. 1849. A bill to designate segments and tributaries of White Clay
Creek, Delaware and Pennsylvania, as a component of the National Wild
and Scenic Rivers System; to the Committee on Energy and Natural
Resources.

The White Clay Creek Wild and Scenic Rivers Act

<bullet> Mr. BIDEN. Mr. President, today I am joined by Senator Roth,
in introducing a bill that would designate the White Clay Creek and its
tributaries in Delaware and Pennsylvania as a unit of the National Wild
and Scenic Rivers System.
It has been eight years since I introduced the bill authorizing the
study of the White Clay Creek watershed, and thirty years since I began
my efforts to protect this unique and valuable region from the over
development and urban sprawl that are of increasing concern to all of
us.
The White Clay Creek watershed is a truly remarkable environment,
covering 107 square miles and draining over 69,000 acres in Delaware
and Pennsylvania. Centrally located between the densely urbanized
regions of New York and Washington, D.C., the White Clay Creek
watershed is within a 2 hour drive of eight million people.
Its diversity of natural, historic, cultural and recreational
resources, as detailed in the National Park Service's Resources and
Issues Report in September of 1994, is extraordinary. The watershed is
home to a wide variety of plant and animal life, archeological sites
dating back to prehistoric times, a bi-state preserve and state park,
and a source of drinking water for the region.
It became clear, early on, that these resources warranted the federal
protection provided under the National Wild and Scenic Rivers System.
With the introduction of my legislation today, we are entering the last
major phase of seeing that protection become a reality.
Before I begin to speak on the particulars of today's legislation and
the study process that got us to this point, I think it is important to
note that while there are over 150 National Wild and Scenic Rivers
across this nation, the White Clay Creek brings with it two
distinctions: Specifically, it will be the first and only Wild and
Scenic River in Delaware; and, it is the first and only river to be
studied for designation on a watershed basis.
The study of the White Clay Creek for possible inclusion in the
National Wild and Scenic Rivers System recently culminated with the
release of a National Park Service study report in September of this
year. The study process began in 1992, when Congress directed the
National Park Service to convene a study task force consisting of state
and local governments, community organizations, watershed residents and
landowners within the White Clay Creek watershed.
As described in the study legislation, the duties of the task force
were to evaluate the eligibility and suitability of the White Clay
Creek and its tributaries, and to develop a management plan for the
preservation and protection of the watershed. Fifteen local governments
in Delaware and Pennsylvania participated in the study task force.
I stated during hearings on the study legislation, before the Senate
Subcommittee on Forests and Public Land

[[Page S13801]]

Management in November of 1991, that there was tremendous support for
the study and subsequent designation. However, I realized that with the
diverse group of individuals, organizations and agencies making up the
task force, the possibility for conflict in determining which segments
should be designated and what protections afforded them, could be
great.
What I could not have expected and what I am extremely pleased to
report is that the support for protection of the White Clay Creek is so
strong, that over 190 miles of the approximately 400 river miles
studied in the watershed are being requested for designation today.
Clearly, Delawareans and Pennsylvanians alike understand the value of
preserving areas as unique as the White Clay Creek.
And, the legislation I am introducing will do just that. It directs
the National Park Service to incorporate 190.9 miles of the White Clay
Creek and its tributaries into its National Wild and Scenic Rivers
System. Along with the designation, all 15 local governments within the
watershed area have unanimously supported, through the passage of
resolutions, the ideals and goals of the White Clay Creek Management
Plan. The plan, developed by the White Clay Creek Task Force, will
ensure long-term protection of the White Clay Creek watershed,
emphasizing the importance of local governments working together, which
is key in obtaining the federal designation I am seeking today.
Designation of the White Clay Creek and its tributaries will bring
national attention to the unique cultural, natural and recreational
values of the area. It will provide an added level of protection from
over development, by requiring an in-depth review by the National Park
Service of any proposed project requiring federal permits or federal
funding in the affected area. And finally, it elevates the value of the
watershed when applying for state, local and federal preservation
grants.
Of the 69,000 acres in the watershed, 5,000 acres are public lands
owned by state and local governments, the rest is privately owned and
maintained. There are no federal lands within the watershed and no
federal dollars will be used to purchase any land within its
boundaries.
I believe the protection of the White Clay Creek watershed to be one
of the most important environmental initiatives I have undertaken since
taking office in 1973, and it is my hope that Congress will act quickly
on this bill so it can be preserved not only for us, but also for all
the generations to come.<bullet>
______

By Mr. EDWARDS:
S. 1850. A bill to amend section 222 of the Communications Act of
1934 to modify the requirements relating to the use and disclosure of
customer proprietary network information, and for other purposes; to
the Committee on Commerce, Science, and Transportation.

telephone call privacy act of 1999

Mr. EDWARDS. Mr. President, I rise to talk about privacy and about
how we can regain some control over our personal information. Privacy
is an increasing concern for all Americans. And the public rightly
believes that their control over some of their most personal
information is being slowly but surely eroded.
Today I introduce legislation that would help end that erosion. The
``Telephone Call Privacy Act of 1999,'' would prevent
telecommunications companies from using an individual's personal phone
call records without their consent, in order to sell that individual
products or services.
Most Americans would be stunned to learn that the law does not
protect them from having their phone records sold to third parties.
Imagine getting a call one night--during dinner--and having a
telemarketer try to sell you membership in a travel club because your
phone calling patterns show frequent calls overseas. My legislation
would prevent this from occurring without the individual's permission.
Mr. President, no one denies that the rapid development of modern
technology has been beneficial. New and improved technologies have
enabled us to obtain information more quickly and easily than ever
before. Students can participate in classes that are being taught in
other states, or even other countries. Current events can be broadcast
around the world as they happen. And companies have streamlined their
processes for providing goods and services.
But these remarkable developments can have a startling downside. They
have made it easier to track personal information such as medical and
financial records, and buying habits. And in turn, our ability to keep
our personal information private is being eroded. I have to say there
are times when it feels like companies know more about me than I know
myself.
The list of ways our privacy is being eroded is growing longer and
longer. And sadly telephone call privacy got added to the list this
August when the 10th Circuit struck down FCC regulations aimed at
protecting privacy and implementing congressional intent.
The decision was the result of a suit filed by U.S. West against the
FCC arguing that its regulations restrict the ability of carriers to
engage in commercial speech with customers. In August, the Tenth
Circuit issued its decision in the case and agreed with U.S. West. The
court stated that ``privacy is not an absolute good because it imposes
real costs on society.''
I believe the court was terribly wrong. Individuals have a reasonable
expectation that their calling habits are not being shared with third
parties without their knowledge or permission. And when I weigh the
right of people to control who has access to their personal information
against the ability of companies to use only one of many marketing
methods, there is no question that the right of people to privacy is
overriding. Surely people have a right to control some of their most
private information. And surely they have the right to prevent
harassing and unwanted solicitations. I for one cannot believe that
expanding the variety of marketing techniques at a company's disposal
is more important than a person's privacy right.
Mr. President, let me describe how my legislation would address the
problem. Current law defines information about who we call, how often,
and how long we talk to them as ``customer proprietary network
information,'' or ``CPNI.'' It is possible for telephone companies to
track an individual's CPNI and use it to market various products and
services to that person.
My legislation requires that consumers be notified about potential
disclosures of their private calling information and allows them to
have some measure of control over how their information can be used.
Specifically, my bill would do two things.
First, if a telecommunications carrier wishes to use CPNI in order to
market its own products or services to them, it must provide each
customer with a clear and conspicuous notice stating the type of
calling information that may be used and the purpose for which it will
be used. The customer may contact the carrier to deny permission to use
their information within 15 days of the notice. If the customer does
not contact the carrier in that time, the carrier can use the
customer's CPNI to market its products and services to that customer.
In other words, customers are provided with a limited opportunity to
``opt-out'' of the sharing of their information under these
circumstances.
The second part of my bill addresses situations where a carrier
wishes to share a customer's CPNI with a third party, such as a
telemarketer. In these situations, in addition to providing the
customer with notice, the carrier must also receive prior written
approval from the customer. My bill clearly spells out that customers
must affirmatively ``opt-in'' before a carrier can sell calling
information to any third party.
The ``Telephone Call Privacy Act'' also allows for some reasonable
and common sense exceptions. If a telecommunications carrier uses a
customer's CPNI to provide the customer with the very services the
carrier used to obtain the calling information, or if law enforcement
or the courts require CPNI for certain reasons, the carrier does not
need to provide the customer with notice and the opportunity to opt-out
or opt-in.
Mr. President, consumers are very worried about how their personal
information is being used. In 1994, a Harris Survey assessed Americans'
views about privacy. It found that eighty-two percent of people
surveyed are concerned about threats to their personal

[[Page S13802]]

privacy. And more specifically, more than half the people surveyed also
stated they would be concerned if an interactive service engaged in
``subscriber profiling'' or using an individual's purchasing patterns
to determine what types of goods and services to market to them. The
survey also showed that people are less concerned about subscriber
profiling if they are provided with notice that a profile would be
created and how it would be used, and also if they are given access to
the information in the profile.
Something must be done to empower consumers to prevent their private
calling information from being used without their consent. The
Telephone Call Privacy Act is an important step towards this goal. I
believe the principles set forth in my legislation are a reasonable way
to protect privacy and do not unduly burden the ability of businesses
to market their products and services.
As Justice Brandeis said in his famous dissent in Olmstead v. U.S.,
``the right to be let alone [is] the most comprehensive of rights and
the right most valued by civilized men.'' The government must not only
refrain from violating this right, but it must also ensure its
preservation. I believe the Telephone Call Privacy Act is a sensible
means to achieving this goal. I ask unanimous consent that the bill be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 1850

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Telephone Call Privacy Act
of 1999''.

SEC. 2. MODIFICATION OF REQUIREMENTS RELATING TO USE AND
DISCLOSURE OF CUSTOMER PROPRIETARY NETWORK
INFORMATION.

(a) Modification of Requirements.--
(1) In general.--Paragraph (1) of section 222(c) of the
Communications Act of 1934 (47 U.S.C. 222(c)) is amended to
read as follows:
``(1) Privacy requirements for telecommunications
carriers.--
``(A) In general.--Except as provided in subparagraph (B)
or as required by law, a telecommunications carrier that
receives or obtains customer proprietary network information
by virtue of its provision of a telecommunications service
may use, disclose, or permit access to customer proprietary
network information that identifies a customer as follows:
``(i) In the provision of--

``(I) the telecommunications service from which such
information is derived; and
``(II) services necessary to, or used in, the provision of
such telecommunications service, including the publishing of
directories.

``(ii) In the case of the use of such information by the
telecommunications carrier for the provision of another of
its products or services to the customer, only if the
telecommunications carrier--

``(I) provides the customer a clear and conspicuous notice
meeting the requirements set forth in subparagraph (C);
``(II) permits the customer to review such information for
accuracy, and to correct and supplement such information; and
``(III) does not receive from the customer within 15 days
after the date of the notice under subclause (I) notice
disapproving the use of such information for the provision of
such product or service to the customer as specified in the
notice under such subclause.

``(iii) In the case of the use, disclosure, or access of or
to such information by another party, only if the
telecommunications carrier that originally receives or
obtains such information--

``(I) meets the requirements set forth in subclauses (I)
and (II) of clause (ii) with respect to such information; and
``(II) receives from the customer written notice approving
the use, disclosure, or access of or to such information for
the provision of the product or service to the customer as
specified in the notice under subclause (I) of this clause.

``(B) Customer disapproval.--Notwithstanding the previous
approval of the use, disclosure, or access of or to
information for a purpose under clause (ii) or (iii) of
subparagraph (A), upon receipt from a customer of written
notice of the customer's disapproval of the use, disclosure,
or access of or to information for such purpose, a
telecommunications carrier shall terminate the use,
disclosure, or access of or to such information for such
purpose.
``(C) Notice elements.--Each notice under clause (ii) or
(iii) of subparagraph (A) shall include the following:
``(i) The types information that may be used, disclosed, or
accessed.
``(ii) The specific types of businesses or individuals that
may use or access the information or to which the information
may be disclosed.
``(iii) The specific product or service for which the
information may be used, disclosed, or accessed.''.
(2) Conforming amendments.--Paragraph (3) of such section
is amended by striking ``paragraph (1)'' both places it
appears and inserting ``paragraph (1)(A)(i)''.
(b) Judicial and Law Enforcement Purposes.--Such section is
further amended by adding at the end the following:
``(4) Judicial and law enforcement purposes.--
``(A) In general.--A person that receives or obtains
consumer proprietary network information may disclose such
information--
``(i) pursuant to the standards and procedures established
in the Federal Rules of Civil Procedure or comparable rules
of other courts or administrative agencies, in connection
with litigation or proceedings to which an individual who is
the subject of the information is a party and in which the
individual has placed the use, disclosure, or access to such
information at issue;
``(ii) to a court, and to others ordered by the court, if
in response to a court order issued in accordance with
subparagraph (B); or
``(iii) to an investigative or law enforcement officer
pursuant to a warrant issued under the Federal Rules of
Criminal Procedure, an equivalent State warrant, or a grand
jury subpoena, or a court order issued in accordance with
subparagraph (B).
``(B) Requirements for court orders.--
``(i) In general.--Except as provided in clause (ii), a
court order for the disclosure of customer proprietary
network information under subparagraph (A) may be issued by a
court of competent jurisdiction only upon written
application, upon oath or equivalent affirmation, by an
investigative or law enforcement officer demonstrating that
there is probable cause to believe that--

``(I) the information sought is relevant and material to an
ongoing criminal investigation; and
``(II) the law enforcement need for the information
outweighs the privacy interest of the individual to whom the
information pertains.

``(ii) Certain orders.--A court order may not be issued
under this paragraph upon application of an officer of a
State or local government if prohibited by the law of the
State concerned.''.
(c) Effective Date.--The amendments made by this section
shall take effect 180 days after the date of the enactment of
this Act.

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