; and (B) if the comparison under subparagraph (A) results in a match, NCMEC may include the matching visual depiction from its database or repository when forwarding the report to an agency described in subparagraph (A) or (B) of paragraph (1). ; (B) in subsection (d)— (i) in paragraph (2), by striking subsection (c)(1) and inserting subsection (c)(1)(A) ; (ii) in paragraph (3)— (I) in subparagraph (A), by striking subsection (c)(3) and inserting subsection (c)(1)(C) ; and (II) in subparagraph (C), by striking subsection (c)(3) and inserting subsection (c)(1)(C) ; and (iii) in paragraph (5)(B)— (I) in clause (i), by striking forwarded and inserting made available ; and (II) in clause (ii), by striking forwarded and inserting made available ; (C) by striking subsection (e) and inserting the following: (e) Failure To comply with requirements (1) Criminal penalty (A) Offense It shall be unlawful for a provider to knowingly— (i) fail to submit a report under subsection (a)(1) within the time period required by that subsection; or (ii) fail to preserve material as required under subsection (h). (B) Penalty (i) In general A provider that violates subparagraph (A) shall be fined— (I) in the case of an initial violation, not more than— (aa) $850,000 if the provider has not fewer than 100,000,000 monthly active users; or (bb) $600,000 if the provider has fewer than 100,000,000 monthly active users; and (II) in the case of any second or subsequent violation, not more than— (aa) $1,000,000 if the provider has not fewer than 100,000,000 monthly active users