The record-keeping requirements apply to ``[w]hoever produces'' the 
material in question. 18 U.S.C. 2257(a). The statute defines 
``produces'' as ``to produce, manufacture, or publish any book, 
magazine, periodical, film, video tape, computer-generated image, 
digital image, or picture, or other similar matter and includes the 
duplication, reproduction, or reissuing of any such matter, but does 
not include mere distribution or any other activity which does not 
involve hiring, contracting for[,] managing, or otherwise arranging for 
the participation of the performers depicted.'' 18 U.S.C. 2257(h)(3).
    The Attorney General, under 18 U.S.C. 2257(g), issued regulations 
implementing the record-keeping requirements on April 24, 1992. See 57 
FR 15017 (1992); 28 CFR 75. In addition to the record-keeping 
requirements specifically discussed in section 2257, the regulations 
require producers to retain copies of the performers' identification 
documents, to cross-index the records by ``[a]ll names(s) of each 
performer, including any alias, maiden name, nickname, stage name or 
professional name of the performer; and according to the title, number, 
or other similar identifier of each book, magazine, periodical, film, 
videotape, or other matter,'' and to maintain the records for a 
specified period of time. 28 CFR 75.2(a)(1), 75.3, 75.4.
    Most recently, in 2003, Congress made extensive amendments to the 
child exploitation statutory scheme based on detailed legislative 
findings, which the Department adopts as grounds for proposing this 
rule. See 2003 Amendments.
    The Department agrees with each of these findings, and hereby 
amends the regulations in 28 CFR part 75 to comport with these specific 
findings. As explained more fully below, the rules implement a more 
detailed inspection system to ensure that children are not used as 
performers in sexually explicit depictions.

Need for the Rule