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Sec. 106. Transportation generally.
TITLE II—PROTECTION OF CHILDREN FROM CHILD PORNOGRAPHY
Sec. 201. Additional jurisdictional base for prosecution of production of child
pornography.
Sec. 202. Increased penalties for child pornography offenses.
Sec. 203. ‘‘Zero tolerance’’ for possession of child pornography.
TITLE III—SEXUAL ABUSE PREVENTION
Sec. 301. Elimination of redundancy and ambiguities.
Sec. 302. Increased penalties for abusive sexual contact.
Sec. 303. Repeat offenders in sexual abuse cases.
TITLE IV—PROHIBITION ON TRANSFER OF OBSCENE MATERIAL TO
MINORS
Sec. 401. Transfer of obscene material to minors.
TITLE V—INCREASED PENALTIES FOR OFFENSES AGAINST
CHILDREN AND FOR REPEAT OFFENDERS
Sec. 501. Death or life in prison for certain offenses whose victims are children.
Sec. 502. Sentencing enhancement for chapter 117 offenses.
Sec. 503. Increased penalties for use of a computer in the sexual abuse or exploi-
tation of a child.
Sec. 504. Increased penalties for knowing misrepresentation in the sexual abuse
or exploitation of a child.
Sec. 505. Increased penalties for pattern of activity of sexual exploitation of chil-
dren.
Sec. 506. Clarification of definition of distribution of pornography.
Sec. 507. Directive to the United States Sentencing Commission.
TITLE VI—CRIMINAL, PROCEDURAL, AND ADMINISTRATIVE
REFORMS
Sec. 601. Pretrial detention of sexual predators.
Sec. 602. Criminal forfeiture for offenses against minors.
Sec. 603. Civil forfeiture for offenses against minors.
Sec. 604. Reporting of child pornography by electronic communication service
providers.
Sec. 605. Civil remedy for personal injuries resulting from certain sex crimes
against children.
Sec. 606. Administrative subpoenas.
Sec. 607. Grants to States to offset costs associated with sexually violent offender
registration requirements.
TITLE VII—MURDER AND KIDNAPPING INVESTIGATIONS
Sec. 701. Authority to investigate serial killings.
Sec. 702. Kidnapping.
Sec. 703. Morgan P. Hardiman Child Abduction and Serial Murder Investigative
Resources Center.
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TITLE VIII—RESTRICTED ACCESS TO INTERACTIVE COMPUTER
SERVICES
Sec. 801. Prisoner access.
Sec. 802. Recommended prohibition.
Sec. 803. Survey.
TITLE IX—STUDIES
Sec. 901. Study on limiting the availability of pornography on the Internet.
Sec. 902. Study of hotlines.
TITLE I—PROTECTION OF
CHILDREN FROM PREDATORS
SEC. 101. USE OF INTERSTATE FACILITIES TO TRANSMIT
IDENTIFYING INFORMATION ABOUT A MINOR
FOR CRIMINAL SEXUAL PURPOSES.
(a) IN GENERAL.—Chapter 117 of title 18, United
States Code, is amended by adding at the end the following:
‘‘§ 2425. Use of interstate facilities to transmit infor-
mation about a minor
‘‘Whoever, using the mail or any facility or means of
interstate or foreign commerce, or within the special mari-
time and territorial jurisdiction of the United States, know-
ingly initiates the transmission of the name, address, tele-
phone number, social security number, or electronic mail
address of another individual, knowing that such other in-
dividual has not attained the age of 16 years, with the in-
tent to entice, encourage, offer, or solicit any person to en-
gage in any sexual activity for which any person can be
charged with a criminal offense, or attempts to do so, shall
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be fined under this title, imprisoned not more than 5 years,
or both.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The
analysis for chapter 117 of title 18, United States Code,
is amended by adding at the end the following:
‘‘2425. Use of interstate facilities to transmit information about a minor.’’.
SEC. 102. COERCION AND ENTICEMENT.
Section 2422 of title 18, United States Code, is amend-
ed—
(1) in subsection (a)—
(A) by inserting ‘‘or attempts to do so,’’ be-
fore ‘‘shall be fined’’; and
(B) by striking ‘‘five’’ and inserting ‘‘10’’;
and
(2) by striking subsection (b) and inserting the
following:
‘‘(b) Whoever, using the mail or any facility or means
of interstate or foreign commerce, or within the special mar-
itime and territorial jurisdiction of the United States know-
ingly persuades, induces, entices, or coerces any individual
who has not attained the age of 18 years, to engage in pros-
titution or any sexual activity for which any person can
be charged with a criminal offense, or attempts to do so,
shall be fined under this title, imprisoned not more than
15 years, or both.’’.
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SEC. 103. INCREASED PENALTIES FOR TRANSPORTATION
OF MINORS OR ASSUMED MINORS FOR ILLE-
GAL SEXUAL ACTIVITY AND RELATED CRIMES.
Section 2423 of title 18, United States Code, is amend-
ed—
(1) by striking subsection (a) and inserting the
following:
‘‘(a) TRANSPORTATION WITH INTENT TO ENGAGE IN
CRIMINAL SEXUAL ACTIVITY.—A person who knowingly
transports an individual who has not attained the age of
18 years in interstate or foreign commerce, or in any com-
monwealth, territory or possession of the United States,
with intent that the individual engage in prostitution, or
in any sexual activity for which any person can be charged
with a criminal offense, or attempts to do so, shall be fined
under this title, imprisoned not more than 15 years, or
both.’’; and
(2) in subsection (b), by striking ‘‘10 years’’ and
inserting ‘‘15 years’’.
SEC. 104. REPEAT OFFENDERS IN TRANSPORTATION OF-
FENSE.
(a) IN GENERAL.—Chapter 117 of title 18, United
States Code, is amended by adding at the end the following:
‘‘§ 2426. Repeat offenders
‘‘(a) MAXIMUM TERM OF IMPRISONMENT.—The maxi-
mum term of imprisonment for a violation of this chapter
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after a prior sex offense conviction shall be twice the term
of imprisonment otherwise provided by this chapter.
‘‘(b) DEFINITIONS.—In this section—
‘‘(1) the term ‘prior sex offense conviction’ means
a conviction for an offense—
‘‘(A) under this chapter, chapter 109A, or
chapter 110; or
‘‘(B) under State law for an offense consist-
ing of conduct that would have been an offense
under a chapter referred to in paragraph (1) if
the conduct had occurred within the special mar-
itime and territorial jurisdiction of the United
States; and
‘‘(2) the term ‘State’ means a State of the United
States, the District of Columbia, and any common-
wealth, territory, or possession of the United States.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The
analysis for chapter 117 of title 18, United States Code,
is amended by adding at the end the following:
‘‘2426. Repeat offenders.’’.
SEC. 105. INCLUSION OF OFFENSES RELATING TO CHILD
PORNOGRAPHY IN DEFINITION OF SEXUAL
ACTIVITY FOR WHICH ANY PERSON CAN BE
CHARGED WITH A CRIMINAL OFFENSE.
(a) IN GENERAL.—Chapter 117 of title 18, United
States Code, is amended by adding at the end the following:
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‘‘§ 2427. Inclusion of offenses relating to child pornog-
raphy in definition of sexual activity for
which any person can be charged with a
criminal offense
‘‘In this chapter, the term ‘sexual activity for which
any person can be charged with a criminal offense’ includes
the production of child pornography, as defined in section
2256(8).’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The
analysis for chapter 117 of title 18, United States Code,
is amended by adding at the end the following:
‘‘2427. Inclusion of offenses relating to child pornography in definition of sexual
activity for which any person can be charged with a criminal
offense.’’.
SEC. 106. TRANSPORTATION GENERALLY.
Section 2421 of title 18, United States Code, is amend-
ed—
(1) by inserting ‘‘or attempts to do so,’’ before
‘‘shall be fined’’; and
(2) by striking ‘‘five years’’ and inserting ‘‘10
years’’.
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TITLE II—PROTECTION OF CHIL-
DREN FROM CHILD PORNOG-
RAPHY
SEC. 201. ADDITIONAL JURISDICTIONAL BASE FOR PROS-
ECUTION OF PRODUCTION OF CHILD POR-
NOGRAPHY.
(a) USE OF A CHILD.—Section 2251(a) of title 18,
United States Code, is amended by inserting ‘‘if that visual
depiction was produced using materials that have been
mailed, shipped, or transported in interstate or foreign
commerce by any means, including by computer,’’ before
‘‘or if’’.
(b) ALLOWING USE OF A CHILD.—Section 2251(b) of
title 18, United States Code, is amended by inserting ‘‘,
if that visual depiction was produced using materials that
have been mailed, shipped, or transported in interstate or
foreign commerce by any means, including by computer,’’
before ‘‘or if’’.
(c) INCREASED PENALTIES IN SECTION 2251(d).—Sec-
tion 2251(d) of title 18, United States Code, is amended
by striking ‘‘or chapter 109A’’ each place it appears and
inserting ‘‘, chapter 109A, or chapter 117’’.
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SEC. 202. INCREASED PENALTIES FOR CHILD PORNOG-
RAPHY OFFENSES.
(a) INCREASED PENALTIES IN SECTION 2252.—Sec-
tion 2252(b) of title 18, United States Code, is amended—
(1) in each of paragraphs (1) and (2), by strik-
ing ‘‘or chapter 109A’’ and inserting ‘‘, chapter 109A,
or chapter 117’’; and
(2) in paragraph (2), by striking ‘‘the possession
of child pornography’’ and inserting ‘‘aggravated sex-
ual abuse, sexual abuse, or abusive sexual conduct in-
volving a minor or ward, or the production, posses-
sion, receipt, mailing, sale, distribution, shipment, or
transportation of child pornography’’.
(b) INCREASED PENALTIES IN SECTION 2252A.—Sec-
tion 2252A(b) of title 18, United States Code, is amended—
(1) in each of paragraphs (1) and (2), by strik-
ing ‘‘or chapter 109A’’ and inserting ‘‘, chapter 109A,
or chapter 117’’; and
(2) in paragraph (2), by striking ‘‘the possession
of child pornography’’ and inserting ‘‘aggravated sex-
ual abuse, sexual abuse, or abusive sexual conduct in-
volving a minor or ward, or the production, posses-
sion, receipt, mailing, sale, distribution, shipment, or
transportation of child pornography’’.
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SEC. 203. ‘‘ZERO TOLERANCE’’ FOR POSSESSION OF CHILD
PORNOGRAPHY.
(a) MATERIAL INVOLVING THE SEXUAL EXPLOITATION
OF MINORS.—Section 2252 of title 18, United States Code,
is amended—
(1) in subsection (a)(4), by striking ‘‘3 or more’’
each place that term appears and inserting ‘‘1 or
more’’; and
(2) by adding at the end the following:
‘‘(c) AFFIRMATIVE DEFENSE.—It shall be an affirma-
tive defense to a charge of violating paragraph (4) of sub-
section (a) that the defendant—
‘‘(1) possessed less than 3 matters containing
any visual depiction proscribed by that paragraph;
and
‘‘(2) promptly and in good faith, and without re-
taining or allowing any person, other than a law en-
forcement agency, to access any visual depiction or
copy thereof—
‘‘(A) took reasonable steps to destroy each
such visual depiction; or
‘‘(B) reported the matter to a law enforce-
ment agency and afforded that agency access to
each such visual depiction.’’.
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(b) MATERIAL CONSTITUTING OR CONTAINING CHILD
PORNOGRAPHY.—Section 2252A of title 18, United States
Code, is amended—
(1) in subsection (a)(5), by striking ‘‘3 or more
images’’ each place that term appears and inserting
‘‘an image’’; and
(2) by adding at the end the following:
‘‘(d) AFFIRMATIVE DEFENSE.—It shall be an affirma-
tive defense to a charge of violating subsection (a)(5) that
the defendant—
‘‘(1) possessed less than 3 images of child pornog-
raphy; and
‘‘(2) promptly and in good faith, and without re-
taining or allowing any person, other than a law en-
forcement agency, to access any image or copy there-
of—
‘‘(A) took reasonable steps to destroy each
such image; or
‘‘(B) reported the matter to a law enforce-
ment agency and afforded that agency access to
each such image.’’.
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TITLE III—SEXUAL ABUSE
PREVENTION
SEC. 301. ELIMINATION OF REDUNDANCY AND AMBIGU-
ITIES.
(a) MAKING CONSISTENT LANGUAGE ON AGE DIF-
FERENTIAL.—Section 2241(c) of title 18, United States
Code, is amended by striking ‘‘younger than that person’’
and inserting ‘‘younger than the person so engaging’’.
(b) REDUNDANCY.—Section 2243(a) of title 18, United
States Code, is amended by striking ‘‘crosses a State line
with intent to engage in a sexual act with a person who
has not attained the age of 12 years, or’’.
(c) STATE DEFINED.—Section 2246 of title 18, United
States Code, is amended—
(1) in paragraph (5), by striking the period at
the end and inserting ‘‘; and’’; and
(2) by adding at the end the following:
‘‘(6) the term ‘State’ means a State of the United
States, the District of Columbia, and any common-
wealth, possession, or territory of the United States.’’.
SEC. 302. INCREASED PENALTIES FOR ABUSIVE SEXUAL
CONTACT.
Section 2244 of title 18, United States Code, is amend-
ed by adding at the end the following:
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‘‘(c) OFFENSES INVOLVING YOUNG CHILDREN.—If the
sexual contact that violates this section is with an individ-
ual who has not attained the age of 12 years, the maximum
term of imprisonment that may be imposed for the offense
shall be twice that otherwise provided in this section.’’.
SEC. 303. REPEAT OFFENDERS IN SEXUAL ABUSE CASES.
Section 2247 of title 18, United States Code, is amend-
ed to read as follows:
‘‘§ 2247. Repeat offenders
‘‘(a) MAXIMUM TERM OF IMPRISONMENT.—The maxi-
mum term of imprisonment for a violation of this chapter
after a prior sex offense conviction shall be twice the term
otherwise provided by this chapter.
‘‘(b) PRIOR SEX OFFENSE CONVICTION DEFINED.—In
this section, the term ‘prior sex offense conviction’ has the
meaning given that term in section 2426(b).’’.
TITLE 
IV—PROHIBITION 
ON
TRANSFER OF OBSCENE MA-
TERIAL TO MINORS
SEC. 401. TRANSFER OF OBSCENE MATERIAL TO MINORS.
(a) IN GENERAL.—Chapter 71 of title 18, United
States Code, is amended by adding at the end the following:
‘‘§ 1470. Transfer of obscene material to minors
‘‘Whoever, using the mail or any facility or means of
interstate or foreign commerce, knowingly transfers obscene
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matter to another individual who has not attained the age
of 16 years, knowing that such other individual has not
attained the age of 16 years, or attempts to do so, shall
be fined under this title, imprisoned not more than 10
years, or both.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The
analysis for chapter 71 of title 18, United States Code, is
amended by adding at the end the following:
‘‘1470. Transfer of obscene material to minors.’’.
TITLE 
V—INCREASED 
PEN-
ALTIES 
FOR 
OFFENSES
AGAINST CHILDREN AND FOR
REPEAT OFFENDERS
SEC. 501. DEATH OR LIFE IN PRISON FOR CERTAIN OF-
FENSES WHOSE VICTIMS ARE CHILDREN.
Section 3559 of title 18, United States Code, is amend-
ed by adding at the end the following:
‘‘(d) DEATH OR IMPRISONMENT FOR CRIMES AGAINST
CHILDREN.—
‘‘(1) IN
GENERAL.—Subject to paragraph (2)
and notwithstanding any other provision of law, a
person who is convicted of a Federal offense that is
a serious violent felony (as defined in subsection (c))
or a violation of section 2422, 2423, or 2251 shall,
unless the sentence of death is imposed, be sentenced
to imprisonment for life, if—
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‘‘(A) the victim of the offense has not at-
tained the age of 14 years;
‘‘(B) the victim dies as a result of the of-
fense; and
‘‘(C) the defendant, in the course of the of-
fense, engages in conduct described in section
3591(a)(2).
‘‘(2) EXCEPTION.—With respect to a person con-
victed of a Federal offense described in paragraph (1),
the court may impose any lesser sentence that is au-
thorized by law to take into account any substantial
assistance provided by the defendant in the investiga-
tion or prosecution of another person who has com-
mitted an offense, in accordance with the Federal
Sentencing Guidelines and the policy statements of
the Federal Sentencing Commission pursuant to sec-
tion 994(p) of title 28, or for other good cause.’’.
SEC. 502. SENTENCING ENHANCEMENT FOR CHAPTER 117
OFFENSES.
(a) IN GENERAL.—Pursuant to its authority under
section 994(p) of title 28, United States Code, the United
States Sentencing Commission shall review and amend the
Federal Sentencing Guidelines to provide a sentencing en-
hancement for offenses under chapter 117 of title 18, United
States Code.
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(b) INSTRUCTION TO COMMISSION.—In carrying out
subsection (a), the United States Sentencing Commission
shall ensure that the sentences, guidelines, and policy state-
ments for offenders convicted of offenses described in sub-
section (a) are appropriately severe and reasonably consist-
ent with other relevant directives and with other Federal
Sentencing Guidelines.
SEC. 503. INCREASED PENALTIES FOR USE OF A COMPUTER
IN THE SEXUAL ABUSE OR EXPLOITATION OF
A CHILD.
Pursuant to its authority under section 994(p) of title
28, United States Code, the United States Sentencing Com-
mission shall—
(1) review the Federal Sentencing Guidelines
for—
(A) aggravated sexual abuse under section
2241 of title 18, United States Code;
(B) sexual abuse under section 2242 of title
18, United States Code;
(C) sexual abuse of a minor or ward under
section 2243 of title 18, United States Code; and
(D) coercion and enticement of a minor
under section 2422(b) of title 18, United States
Code, contacting a minor under section 2422(c)
of title 18, United States Code, and transpor-
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tation of minors and travel under section 2423
of title 18, United States Code; and
(2) upon completion of the review under para-
graph (1), promulgate amendments to the Federal
Sentencing Guidelines to provide appropriate en-
hancement if the defendant used a computer with the
intent to persuade, induce, entice, coerce, or facilitate
the transport of a child of an age specified in the ap-
plicable provision of law referred to in paragraph (1)
to engage in any prohibited sexual activity.
SEC. 504. INCREASED PENALTIES FOR KNOWING MISREPRE-
SENTATION IN THE SEXUAL ABUSE OR EX-
PLOITATION OF A CHILD.
Pursuant to its authority under section 994(p) of title
28, United States Code, the United States Sentencing Com-
mission shall—
(1) review the Federal Sentencing Guidelines on
aggravated sexual abuse under section 2241 of title
18, United States Code, sexual abuse under section
2242 of title 18, United States Code, sexual abuse of
a minor or ward under section 2243 of title 18,
United States Code, coercion and enticement of a
minor under section 2422(b) of title 18, United States
Code, contacting a minor under section 2422(c) of
title 18, United States Code, and transportation of
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minors and travel under section 2423 of title 18,
United States Code; and
(2) upon completion of the review under para-
graph (1), promulgate amendments to the Federal
Sentencing Guidelines to provide appropriate en-
hancement if the defendant knowingly misrepresented
the actual identity of the defendant with the intent to
persuade, induce, entice, coerce, or facilitate the
transport of a child of an age specified in the appli-
cable provision of law referred to in paragraph (1) to
engage in a prohibited sexual activity.
SEC. 505. INCREASED PENALTIES FOR PATTERN OF ACTIV-
ITY OF SEXUAL EXPLOITATION OF CHILDREN.
Pursuant to its authority under section 994(p) of title
28, United States Code, the United States Sentencing Com-
mission shall—
(1) review the Federal Sentencing Guidelines on
aggravated sexual abuse under section 2241 of title
18, United States Code, sexual abuse under section
2242 of title 18, United States Code, sexual abuse of
a minor or ward under section 2243 of title 18,
United States Code, coercion and enticement of a
minor under section 2422(b) of title 18, United States
Code, contacting a minor under section 2422(c) of
title 18, United States Code, and transportation of
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minors and travel under section 2423 of title 18,
United States Code; and
(2) upon completion of the review under para-
graph (1), promulgate amendments to the Federal
Sentencing Guidelines to increase penalties applicable
to the offenses referred to in paragraph (1) in any
case in which the defendant engaged in a pattern of
activity involving the sexual abuse or exploitation of
a minor.
SEC. 506. CLARIFICATION OF DEFINITION OF DISTRIBU-
TION OF PORNOGRAPHY.
Pursuant to its authority under section 994(p) of title
28, United States Code, the United States Sentencing Com-
mission shall—
(1) review the Federal Sentencing Guidelines re-
lating to the distribution of pornography covered
under chapter 110 of title 18, United States Code, re-
lating to the sexual exploitation and other abuse of
children; and
(2) upon completion of the review under para-
graph (1), promulgate such amendments to the Fed-
eral Sentencing Guidelines as are necessary to clarify
that the term ‘‘distribution of pornography’’ applies
to the distribution of pornography—
(A) for monetary remuneration; or
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(B) for a nonpecuniary interest.
SEC. 507. DIRECTIVE TO THE UNITED STATES SENTENCING
COMMISSION.
In carrying out this title, the United States Sentencing
Commission shall—
(1) with respect to any action relating to the
Federal Sentencing Guidelines subject to this title, en-
sure reasonable consistency with other guidelines of
the Federal Sentencing Guidelines; and
(2) with respect to an offense subject to the Fed-
eral Sentencing Guidelines, avoid duplicative punish-
ment under the Federal Sentencing Guidelines for
substantially the same offense.
TITLE 
VI—CRIMINAL, 
PROCE-
DURAL, 
AND 
ADMINISTRA-
TIVE REFORMS
SEC. 601. PRETRIAL DETENTION OF SEXUAL PREDATORS.
Section 3156(a)(4) of title 18, United States Code, is
amended by striking subparagraph (C) and inserting the
following:
‘‘(C) any felony under chapter 109A, 110,
or 117; and’’.
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SEC. 602. CRIMINAL FORFEITURE FOR OFFENSES AGAINST
MINORS.
Section 2253 of title 18, United States Code, is amend-
ed by striking ‘‘or 2252 of this chapter’’ and inserting
‘‘2252, 2252A, or 2260 of this chapter, or who is convicted
of an offense under section 2421, 2422, or 2423 of chapter
117,’’.
SEC. 603. CIVIL FORFEITURE FOR OFFENSES AGAINST MI-
NORS.
Section 2254(a) of title 18, United States Code, is
amended—
(1) in paragraph (2), by striking ‘‘or 2252 of
this chapter’’ and inserting ‘‘2252, 2252A, or 2260 of
this chapter, or used or intended to be used to commit
or to promote the commission of an offense under sec-
tion 2421, 2422, or 2423 of chapter 117,’’; and
(2) in paragraph (3), by striking ‘‘or 2252 of
this chapter’’ and inserting ‘‘2252, 2252A, or 2260 of
this chapter, or obtained from a violation of section
2421, 2422, or 2423 of chapter 117,’’.
SEC. 604. REPORTING OF CHILD PORNOGRAPHY BY ELEC-
TRONIC COMMUNICATION SERVICE PROVID-
ERS.
(a) IN GENERAL.—The Victims of Child Abuse Act of
1990 (42 U.S.C. 13001 et seq.) is amended by inserting
after section 226 the following:
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‘‘SEC. 227. REPORTING OF CHILD PORNOGRAPHY BY ELEC-
TRONIC COMMUNICATION SERVICE PROVID-
ERS.
‘‘(a) DEFINITIONS.—In this section—
‘‘(1) the term ‘electronic communication service’
has the meaning given the term in section 2510 of
title 18, United States Code; and
‘‘(2) the term ‘remote computing service’ has the
meaning given the term in section 2711 of title 18,
United States Code.
‘‘(b) REQUIREMENTS.—
‘‘(1) DUTY TO REPORT.—Whoever, while engaged
in providing an electronic communication service or
a remote computing service to the public, through a
facility or means of interstate or foreign commerce,
obtains knowledge of facts or circumstances from
which a violation of section 2251, 2251A, 2252,
2252A, or 2260 of title 18, United States Code, in-
volving child pornography (as defined in section 2256
of that title), is apparent, shall, as soon as reasonably
possible, make a report of such facts or circumstances
to a law enforcement agency or agencies designated by
the Attorney General.
‘‘(2) DESIGNATION
OF
AGENCIES.—Not later
than 180 days after the date of enactment of this sec-
tion, the Attorney General shall designate the law en-
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forcement agency or agencies to which a report shall
be made under paragraph (1).
‘‘(3) FAILURE TO REPORT.—A provider of elec-
tronic communication services or remote computing
services described in paragraph (1) who knowingly
and willfully fails to make a report under that para-
graph shall be fined—
‘‘(A) in the case of an initial failure to
make a report, not more than $50,000; and
‘‘(B) in the case of any second or subsequent
failure to make a report, not more than
$100,000.
‘‘(c) CIVIL LIABILITY.—No provider or user of an elec-
tronic communication service or a remote computing service
to the public shall be held liable on account of any action
taken in good faith to comply with this section.
‘‘(d) LIMITATION OF INFORMATION OR MATERIAL RE-
QUIRED IN REPORT.—A report under subsection (b)(1) may
include additional information or material developed by an
electronic communication service or remote computing serv-
ice, except that the Federal Government may not require
the production of such information or material in that re-
port.
‘‘(e) MONITORING NOT REQUIRED.—Nothing in this
section may be construed to require a provider of electronic
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communication services or remote computing services to en-
gage in the monitoring of any user, subscriber, or customer
of that provider, or the content of any communication of
any such person.
‘‘(f) CONDITIONS OF DISCLOSURE OF INFORMATION
CONTAINED WITHIN REPORT.—
‘‘(1) IN GENERAL.—No law enforcement agency
that receives a report under subsection (b)(1) shall
disclose any information contained in that report, ex-
cept that disclosure of such information may be
made—
‘‘(A) to an attorney for the government for
use in the performance of the official duties of
the attorney;
‘‘(B) to such officers and employees of the
law enforcement agency, as may be necessary in
the performance of their investigative and rec-
ordkeeping functions;
‘‘(C) to such other government personnel
(including personnel of a State or subdivision of
a State) as are determined to be necessary by an
attorney for the government to assist the attorney
in the performance of the official duties of the at-
torney in enforcing Federal criminal law; or
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‘‘(D) as permitted by a court at the request
of an attorney for the government, upon a show-
ing that such information may disclose a viola-
tion of State criminal law, to an appropriate of-
ficial of a State or subdivision of a State for the
purpose of enforcing such State law.
‘‘(2) DEFINITIONS.—In this subsection, the terms
‘attorney for the government’ and ‘State’ have the
meanings given those terms in Rule 54 of the Federal
Rules of Criminal Procedure.’’.
(b) EXCEPTION TO PROHIBITION ON DISCLOSURE.—
Section 2702(b)(6) of title 18, United States Code, is
amended to read as follows:
‘‘(6) to a law enforcement agency—
‘‘(A) if the contents—
‘‘(i) were inadvertently obtained by the
service provider; and
‘‘(ii) appear to pertain to the commis-
sion of a crime; or
‘‘(B) if required by section 227 of the Crime
Control Act of 1990.’’.