upon receipt of a lawful request from a law enforcement 
agency, or any officer, employee, or agent of such agency, 
in accordance with other applicable laws. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) CONFIDENTIAL PHONE RECORDS INFOR-
MATION.—The term ‘confidential phone records in-
formation’ means— 
‘‘(A) information that— 
‘‘(i) relates to the quantity, technical 
configuration, type, destination, location, 
or amount of use of a service offered by a 
covered entity subscribed to by any cus-
tomer of that covered entity; and 
‘‘(ii) is made available to a covered 
entity by a customer solely by virtue of the 
relationship between the covered entity and 
the customer; or 
‘‘(B) information contained in any bill, 
itemization, or account statement related to a 
product or service provided by a covered entity 
to any customer of the covered entity. 
‘‘(2) COVERED ENTITY.—The term ‘covered en-
tity’— 
‘‘(A) has the same meaning given the term 
‘telecommunications carrier’ in section 3 of the 
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Communications Act of 1934 (47 U.S.C. 153); 
and 
‘‘(B) includes any provider of IP-enabled 
voice service. 
‘‘(3) CUSTOMER.—The term ‘customer’ means, 
with respect to a covered entity, any individual, part-
nership, association, joint stock company, trust, or 
corporation, or authorized representative of such 
customer, to whom the covered entity provides a 
product or service. 
‘‘(4) IP-ENABLED VOICE SERVICE.—The term 
‘IP-enabled voice service’ means the provision of 
real-time 2-way voice communications offered to the 
public, or such class of users as to be effectively 
available to the public, transmitted through cus-
tomer premises equipment using TCP/IP protocol, 
or a successor protocol, for a fee (whether part of 
a bundle of services or separately) with 2-way inter-
connection capability such that the service can origi-
nate traffic to, and terminate traffic from, a public 
switched telephone network.’’. 
SEC. 4. SENTENCING GUIDELINES. 
(a) REVIEW AND AMENDMENT.—Not later than 180 
days after the date of enactment of this Act, the United 
States Sentencing Commission, pursuant to its authority 
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under section 994 of title 28, United States Code, and 
in accordance with this section, shall review and, if appro-
priate, amend the Federal sentencing guidelines and policy 
statements applicable to persons convicted of any offense 
under section 1039 of title 18, United States Code. 
(b) AUTHORIZATION.—The United States Sentencing 
Commission may amend the Federal sentencing guidelines 
in accordance with the procedures set forth in section 
21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 note) 
as though the authority under that section had not ex-
pired. 
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Union Calendar No. 215 
109TH CONGRESS 
2D SESSION 
H. R. 4709 
[Report No. 109–395] 
A BILL 
To amend title 18, United States Code, to strength-
en protections for law enforcement officers and 
the public by providing criminal penalties for the 
fraudulent acquisition or unauthorized disclosure 
of phone records. 
MARCH 16, 2006 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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