garding a suspected or known instance of child 
abuse or neglect may be maintained. 
(d) CONSTRUCTION.—This section shall not be con-
strued to require a State or political subdivision of a State 
to modify— 
(1) an equivalent register of cases of child 
abuse or neglect that it maintains pursuant to a re-
quirement or authorization under any other provi-
sion of law; or 
(2) any other record relating to child abuse or 
neglect, regardless of whether the report of abuse or 
neglect was substantiated, unsubstantiated, or deter-
mined to be unfounded. 
(e) DISSEMINATION.—The Attorney General, in con-
sultation with the Secretary of Health and Human Serv-
ices, shall establish standards for the dissemination of in-
formation in the national register of cases of child abuse 
or neglect. Such standards shall preserve the confiden-
tiality of records in order to protect the rights of the child 
and the child’s parents or guardians while also ensuring 
that Federal, State, and local government entities have ac-
cess to such information in order to carry out their respon-
sibilities under law to protect children from abuse and ne-
glect.
100 
(f) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
such sums as may be necessary for fiscal year 2006 and 
succeeding fiscal years. 
TITLE 
VIII—CHILD 
PORNOG-
RAPHY PREVENTION ACT OF 
2005 
SEC. 801. SHORT TITLE. 
This title may be cited as the ‘‘Child Pornography 
Prevention Act of 2005’’. 
SEC. 802. FINDINGS. 
Congress makes the following findings: 
(1) The effect of the intrastate production, 
transportation, distribution, receipt, advertising, and 
possession of child pornography on interstate market 
in child pornography. 
(A) The illegal production, transportation, 
distribution, receipt, advertising and possession 
of child pornography, as defined in section 
2256(8) of title 18, United States Code, as well 
as the transfer of custody of children for the 
production of child pornography, is harmful to 
the physiological, emotional, and mental health 
of the children depicted in child pornography
101 
and has a substantial and detrimental effect on 
society as a whole. 
(B) A substantial interstate market in 
child pornography exists, including not only a 
multimillion dollar industry, but also a nation-
wide network of individuals openly advertising 
their desire to exploit children and to traffic in 
child pornography. Many of these individuals 
distribute child pornography with the expecta-
tion of receiving other child pornography in re-
turn. 
(C) The interstate market in child pornog-
raphy is carried on to a substantial extent 
through the mails and other instrumentalities 
of interstate and foreign commerce, such as the 
Internet. The advent of the Internet has greatly 
increased the ease of transporting, distributing, 
receiving, and advertising child pornography in 
interstate commerce. The advent of digital cam-
eras and digital video cameras, as well as video-
tape cameras, has greatly increased the ease of 
producing child pornography. The advent of in-
expensive computer equipment with the capacity 
to store large numbers of digital images of child 
pornography has greatly increased the ease of
102 
possessing child pornography. Taken together, 
these technological advances have had the un-
fortunate result of greatly increasing the inter-
state market in child pornography. 
(D) Intrastate incidents of production, 
transportation, distribution, receipt, advertising, 
and possession of child pornography, as well as 
the transfer of custody of children for the pro-
duction of child pornography, have a substantial 
and direct effect upon interstate commerce be-
cause: 
(i) Some persons engaged in the pro-
duction, transportation, distribution, re-
ceipt, advertising, and possession of child 
pornography conduct such activities en-
tirely within the boundaries of one state. 
These persons are unlikely to be content 
with the amount of child pornography they 
produce, transport, distribute, receive, ad-
vertise, or possess. These persons are 
therefore likely to enter the interstate mar-
ket in child pornography in search of addi-
tional child pornography, thereby stimu-
lating demand in the interstate market in 
child pornography.
103 
(ii) When the persons described in 
subparagraph (D)(i) enter the interstate 
market in search of additional child por-
nography, they are likely to distribute the 
child pornography they already produce, 
transport, distribute, receive, advertise, or 
possess to persons who will distribute addi-
tional child pornography to them, thereby 
stimulating supply in the interstate market 
in child pornography. 
(iii) Much of the child pornography 
that supplies the interstate market in child 
pornography is produced entirely within 
the boundaries of one state, is not trace-
able, and enters the interstate market sur-
reptitiously. This child pornography sup-
ports demand in the interstate market in 
child pornography and is essential to its 
existence. 
(E) Prohibiting the intrastate production, 
transportation, distribution, receipt, advertising, 
and possession of child pornography, as well as 
the intrastate transfer of custody of children for 
the production of child pornography, will cause 
some persons engaged in such intrastate activi-