[Congressional Record Volume 145, Number 153 (Wednesday, November 3, 1999)]
[Senate]
[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

 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.
                                 ______
                                 
      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

 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

 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.
                                 ______
                                 
      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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