; or (B) in the absence of an agreement under subparagraph (A), shall be determined by the United States District Court for the District of Columbia. . (b) Technical and conforming amendment The table of sections for chapter 223 of title 18, United States Code, is amended by adding at the end the following: 3513. Assistance capability directives. . IV Pen register and trap and trace amendments 401. Capability requirements (a) In general Chapter 206 of title 18, United States Code, is amended by adding at the end the following: 3128. Capability requirements (a) Pen register capability (1) In general A wire or electronic communication service provider that had more than 1,000,000 monthly active users in the United States in January 2016 or any month thereafter shall ensure that the provider has the ability to provide the information described in paragraphs (3) and (7) of section 3127 directly to law enforcement agencies in an intelligible format unobtrusively and in a manner designed to uphold the nondisclosure obligations under section 3123(d)(2). (2) Calculation of monthly active users For purposes of paragraph (1), the number of monthly active users of a wire or electronic communication service shall be calculated by taking the average of the number of individual users or subscribers of the service that are active per month in any calendar year. (b) Trap and trace capability (1) In general A provider of wire or electronic communication service that had more than 1,000,000 monthly users in the United States in January 2016 or any month thereafter shall ensure that the provider has the ability to provide the information described in paragraphs (4) and (7) of section 3127 directly to law enforcement agencies in an intelligible format unobtrusively and in a manner designed to uphold the nondisclosure obligations under section 3123(d)(2). (2) Calculation of monthly active users For purposes of paragraph (1), the number of monthly active users of a wire or electronic communication service shall be calculated by taking